0001193125-11-114188 Sample Contracts

FEE WAIVER AGREEMENT NATIONWIDE VARIABLE INSURANCE TRUST
Fee Waiver Agreement • April 28th, 2011 • Nationwide Variable Insurance Trust

FEE WAIVER AGREEMENT, effective as of May 1, 2011, by and between NATIONWIDE FUND MANAGEMENT LLC (the “Service Provider”) and NATIONWIDE VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each of the funds listed on Exhibit A hereto (each, a “Fund”).

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FEE WAIVER AGREEMENT NVIT NATIONWIDE FUND
Fee Waiver Agreement • April 28th, 2011 • Nationwide Variable Insurance Trust

THIS FEE WAIVER AGREEMENT, effective as of May 1, 2011, 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”).

FEE WAIVER AGREEMENT AMERICAN CENTURY NVIT GROWTH FUND (formerly NVIT Growth Fund)
Fee Waiver Agreement • April 28th, 2011 • Nationwide Variable Insurance Trust

THIS FEE WAIVER AGREEMENT, effective as of May 1, 2011, by and between NATIONWIDE FUND ADVISORS (“NFA”) and NATIONWIDE VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of the American Century NVIT Growth Fund (the “Growth Fund”).

Nationwide Fund Distributors LLC
Nationwide Variable Insurance Trust • April 28th, 2011

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 each of the NVIT Cardinal Aggressive Fund, NVIT Cardinal Moderately Aggressive Fund, NVIT Cardinal Capital Appreciation Fund, NVIT Cardinal Moderate Fund, NVIT Cardinal Balanced Fund, NVIT Cardinal Moderately Conservative Fund and NVIT Cardinal Conservative Fund (collectively, the “Cardinal Funds”), which are 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 Cardinal Funds in an amount equal to 0.16%, for the period from the date of this Agreement through April 30, 2012. 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.

Nationwide Fund Distributors LLC
Nationwide Variable Insurance Trust • April 28th, 2011

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 Neuberger Berman NVIT Socially Responsible Fund (the “Fund”), a series of Nationwide Variable Insurance Trust, the Distributor shall waive a portion of the Rule 12b-1 fee for the Class II Shares of the Fund in an amount equal to 0.16% for the period from the date of this Agreement through April 30, 2012. 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.

AMENDMENT TO GLOBAL CUSTODY AGREEMENT
Global Custody Agreement • April 28th, 2011 • Nationwide Variable Insurance Trust

This instrument, dated March 11, 2011, is between NATIONWIDE VARIABLE INSURANCE TRUST, successor in interest to GARTMORE VARIABLE INSURANCE TRUST (the “Customer”), and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (the “Bank”). It amends the Global Custody Agreement dated April 4, 2003, as most recently amended as of December 2, 2009 (the “Custody Agreement”), between the Customer and the Bank. Capitalized terms in this amendment that are not defined herein have the meaning set forth in the Custody Agreement.

INDEX FUNDS FEE WAIVER AGREEMENT NATIONWIDE VARIABLE INSURANCE TRUST
Index Funds Fee Waiver Agreement • April 28th, 2011 • Nationwide Variable Insurance Trust

FEE WAIVER AGREEMENT, effective as of May 1, 2011, by and between NATIONWIDE FUND ADVISORS (“NFA”) and NATIONWIDE VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each of the NVIT Bond Index Fund, NVIT International Index Fund, NVIT Mid Cap Index Fund, NVIT S&P 500 Index Fund and NVIT Small Cap Index Fund (each, an “Index Fund”).

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