Common use of Use of Sub-Advisor’s Name Clause in Contracts

Use of Sub-Advisor’s Name. The parties agree that the names of the Sub-Advisor and its affiliates and the Sub-Advisor’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Sub-Advisor Property”) are the valuable property of the Sub-Advisor and its affiliates. The Adviser and the Trust may use Sub-Advisor Property only: (1) to identify Sub-Advisor as the subadviser to a Fund as required by law or governmental regulations; (2) in marketing materials for a Fund provided that such use is limited to: (a) identifying Sub-Advisor and the services performed for the Fund by the Sub-Advisor; and (b) providing biographical information about the Sub-Advisor that is accurately derived from information provided by or made public by Sub-Advisor or its affiliates. Any other use of Sub-Advisor Property must be expressly pre-approved in writing by Sub-Advisor. Any change in any approved use of Sub-Advisor Property including, without limitation, change in the name of a Fund, requires prior approval in writing by the Sub-Advisor. Upon termination of this Agreement, the Advisor and the Trust shall forthwith cease to use Sub-Advisor Property. If the Advisor or the Trust makes any unauthorized use of Sub-Advisor Property, the parties acknowledge that the Sub-Advisor and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Sub-Advisor and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law.