USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, and any derivative, logo, trademark, service xxxx or trade name, are the valuable property of the Sub-Adviser and its affiliates. The Adviser and the Trust shall have the right to use such names, derivatives, logos, trademarks, service marks or trade names only with the prior written approval of the Sub-Adviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effect. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use such names, derivatives, logos, trademarks, service marks or trade names. The Adviser agrees that it will review with the Sub-Adviser any advertisement, sales literature or notice prior to its use that makes reference to the Sub-Adviser or its affiliates or any such names, derivatives, logos, trademarks, service marks or trade names so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, or other applicable laws and regulations. If the Adviser or the Trust makes any unauthorized use of the Sub-Adviser’s names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages may be inadequate and, thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
USE OF SUB-ADVISER’S NAME. The Adviser shall furnish to the Sub-Adviser all prospectuses, proxy statements, reports to shareholders, sales literature or other material prepared for distribution which refers to the Sub-Adviser by name prior to the use thereof. The Adviser shall not use or cause any Fund to use any such materials if the Sub-Adviser reasonably objects to such use. This paragraph shall survive the termination of this Agreement.
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser and any derivative or logo or trademark or service xxxx or trade name are the valuable property of the Sub-Adviser and its affiliates. The Sub-Adviser hereby grants the Adviser and the Trust the right to use such name(s), derivatives, logos, trademarks or service marks or trade names so long as this Agreement is in effect. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use such name(s), derivatives, logos, trademarks or service marks or trade names. The Sub-Adviser hereby consents to the names of the Funds as set forth in Schedule A to this Agreement.
USE OF SUB-ADVISER’S NAME. Neither the Trust nor Manager will use the name of Sub-adviser, or any affiliate of Sub-adviser, in any prospectus, advertisement sales literature or other communication to the public except in accordance with such policies and procedures as shall be mutually agreed to by the Sub-adviser and the Manager.
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, and any derivative, logo, trademark, service xxxx or trade name, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Asset Management, X.X. Xxxxx”) are the valuable property of the Sub-Adviser and its affiliates. The Adviser and the Trust shall have the right to use such Xxxxxxx Sachs Asset Management, X.X. Xxxxx only with the prior written approval of the Sub-Adviser so long as the Sub-Adviser is a sub-adviser to the Trust. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use such Xxxxxxx Sachs Asset Management, X.X. Xxxxx. The Adviser and the Trust agrees that (A) they will review with the Sub-Adviser any advertisement, sales literature, notice or other materials that makes reference to the Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Asset Management, X.X. Xxxxx prior to its use so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after the Sub-Adviser’s receipt thereof. If the Adviser or the Trust makes any unauthorized use of the Xxxxxxx Sachs Asset Management, X.X. Xxxxx, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are inadequate and, thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
USE OF SUB-ADVISER’S NAME. In connection with the promotion and provision of information about the Fund or Trust, Sub-Adviser shall provide to the Trust or Investment Adviser upon reasonable request information relating to Sub-Adviser and its services to the Fund for inclusion in any promotional or disclosure materials. The Trust and Investment Adviser will not use Sub-Adviser’s name or make any statements relating to Sub-Adviser or its affiliates in any such promotional or disclosure materials until Sub-Adviser has reviewed and approved the materials prior to their first use. Such approval will not be unreasonably withheld or delayed. Prior approval is not necessary for materials that merely list the Sub-Adviser as the sub-adviser to the Fund. The Trust and Investment Adviser may not use the logo of Sub-Adviser or any affiliate in any promotional materials without the prior approval of Sub-Adviser, which Sub-Adviser may grant or withhold in its sole discretion.
USE OF SUB-ADVISER’S NAME. If the Adviser seeks to use the Sub-Adviser’s name in the marketing of the Fund, it shall furnish the Sub-Adviser at its principal office drafts of all materials (including but not limited to prospectuses, proxy statements and reports to shareholders) prepared for distribution to shareholders of the Fund or the public which refer to the Sub-Adviser in any way for approval prior to distribution. All such materials shall be subject to the review and consent (such consent to not be unreasonably withheld) of the Sub-Adviser at least five business days prior to use. If Adviser does not receive a response from the Sub-Adviser with respect to such materials within five business days, such materials shall be deemed accepted by the Sub-Adviser.
USE OF SUB-ADVISER’S NAME. The Sub-Adviser hereby grants to the Adviser during the term of this Agreement, the right and license to use the Sub-Adviser’s name and registered and unregistered trademarks, service marks and logos on the Adviser’s website(s) and in other materials solely for the purposes of disclosing and promoting the relationship between the parties described herein. In accordance with the exercise of the license rights granted in the preceding sentence, the Adviser and Sub-Adviser agree that the terms of the Service Xxxx License Agreement shall govern.
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser and any derivative or logo or trademark or service mxxx or trade name are the valuable property of the Sub-Adviser and its affiliates. The Sub-Adviser hereby grants the Adviser and the Trust the non-exclusive right to use such name(s) or trade names of the Sub-Adviser in connection with this Agreement, so long as this Agreement is in effect. No logos, trademarks, or service marks may be used without the prior written consent of the Sub-Adviser. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use such name(s), derivatives, logos, trademarks or service marks or trade names. The Sub-Adviser hereby consents to the names of the Funds as set forth in Schedule A to this Agreement.
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser and any derivative or logo or trademark or service xxxx or trade name are the valuable property of the Sub-Adviser and its affiliates. The Adviser and the Trust shall have the right to use such name(s), derivatives, logos, trademarks or service marks or trade names so long as this Agreement is in effect only as approved in writing by the Sub-Adviser, which approval shall not be unreasonably withheld or delayed, and only in connection with the Sub-Adviser’s performance of its duties hereunder. Notwithstanding the foregoing, following the approval by the Sub-Adviser of the use of its name(s), derivatives, logos, trademarks or service marks or trade names the Adviser shall be permitted to continue such use so long as this Agreement is in effect; provided, that such use is consistent with the use and manner previously approved by the Sub-Adviser. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use such name(s), derivatives, logos, trademarks or service marks or trade names. The Sub-Adviser hereby consents to the names of the Funds as set forth in Schedule A to this Agreement.
