0001193125-10-290152 Sample Contracts

FEE WAIVER AGREEMENT NVIT NATIONWIDE FUND
Fee Waiver Agreement • December 29th, 2010 • Nationwide Variable Insurance Trust

THIS FEE WAIVER AGREEMENT, effective as of October 18, 2010, by and between NATIONWIDE FUND ADVISORS (“NFA”) and NATIONWIDE VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of the NVIT Nationwide Fund (the “Nationwide Fund”).

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FEE WAIVER AGREEMENT NVIT GROWTH FUND
Fee Waiver Agreement • December 29th, 2010 • Nationwide Variable Insurance Trust

THIS FEE WAIVER AGREEMENT, effective as of October 18, 2010, by and between NATIONWIDE FUND ADVISORS (“NFA”) and NATIONWIDE VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of the NVIT Growth Fund (the “Growth Fund”).

Nationwide Fund Distributors LLC
12b-1 Fee Waiver Agreement • December 29th, 2010 • Nationwide Variable Insurance Trust

By our execution of this letter agreement (the “Agreement”), intending to be legally bound hereby, Nationwide Fund Distributors LLC (the “Distributor”) agrees that, with respect to the American Century NVIT Multi Cap Value Fund (the “Fund”), a series of Nationwide Variable Insurance Trust, the Distributor shall waive a portion of the Rule 12b-1 fees for the Class II shares of the Fund in an amount equal to 0.08%, for the period from the date of this Agreement through the date that is two years following the date on which the Fund receives assets in connection with a substitution conducted by Nationwide Life Insurance Company and/or Nationwide Life and Annuity Insurance Company pursuant to an Order of Substitution issued by the Securities and Exchange Commission [Investment Company Act Rel. No. 29505, November 22, 2010]. The Distributor acknowledges that it shall not be entitled to collect on, or make a claim for, waived fees at any time in the future.

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