Common use of Use of Name and Trademarks Clause in Contracts

Use of Name and Trademarks. The Sub-Adviser permits the Manager and the Trust at no cost to use (a) the name “Cboe Vest” in the names of the Funds; and (b) the registered trademarks “TARGET OUTCOME INVESTMENTS”, “TARGET OUTCOME FUNDS”, and “TARGET OUTCOME ETF” in connection with the Funds, for the duration of this Agreement and any extensions or renewals thereof. Such permission will, upon termination of this Agreement, be automatically and without further action by the Sub-Adviser terminated, in which event the Funds shall promptly take whatever action may be necessary (including calling a meeting of the Board of Trustees) to change its name and to discontinue any further use of the name “Cboe Vest” in the names of the Funds or otherwise and to discontinue any further use of the registered trademarks listed in clause (b) above.

Use of Name and Trademarks. The Sub-Adviser permits the Manager and the Trust at no cost to use (a) the name “"Cboe Vest” " in the names of the Funds; and (b) the registered trademarks “"TARGET OUTCOME INVESTMENTS”", “"TARGET OUTCOME FUNDS”", and “"TARGET OUTCOME ETF” " in connection with the Funds, for the duration of this Agreement and any extensions or renewals thereof. Such permission will, upon termination of this Agreement, be automatically and without further action by the Sub-Adviser terminated, in which event the Funds shall promptly take whatever action may be necessary (including calling a meeting of the Board of Trustees) to change its name and to discontinue any further use of the name “"Cboe Vest” " in the names of the Funds or otherwise and to discontinue any further use of the registered trademarks listed in clause (b) above.