Use of Subadviser’s Name Sample Clauses

Use of Subadviser’s Name. Neither the Trust nor Manager will use the name of Subadviser, or any affiliate of Subadviser, 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 Subadviser and the Manager.
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Use of Subadviser’s Name. Neither the Fund nor the Investment Manager or any affiliate or agent thereof shall make reference to or use the name, and any derivative thereof or logo associated with that name, of the Subadviser or any of its affiliates in any advertising or promotional materials without the prior approval of the Subadviser, which approval shall not be unreasonably withheld or delayed. Upon termination of this Agreement, the Investment Manager and the Fund shall forthwith cease to use such name (or derivative or logo) as soon as reasonably practicable.
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Use of Subadviser’s Name. The Adviser will not use the Subadviser's name (or that of any affiliate) in Trust literature without prior review and approval by the Subadviser, which will not be unreasonably withheld or delayed.
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Use of Subadviser’s Name. The parties agree that the name of Subadviser, the names of any affiliates of Subadviser and any derivative, logo, trademark, service mark or trade name are xxx valuable property of the Subadviser and its affiliates. Adviser and the Fund shall have the right to use such name(s), derivatives, logos, trademarks or service marks or trade names only with the prior written approval of Subadviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effect. Upon termination of the Agreement, Adviser and the Fund shall forthwith cease to use such name(s), derivatives, logos, trademarks, service marks or trade names. Adviser and the Fund agree they will review with Subadviser any advertisement, sales literature, or notice prior to its use that makes reference to Subadviser or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that Subadviser shall have no responsibility to ensure of the adequacy of the form or content of such materials for purposes of the 1940 Act or other applicable laws and regulations. If Adviser or the Fund makes an unauthorized use of Subadviser's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that Subadviser shall suffer irreparable hard for which monetary damages are inadequate and thus, Subadviser will be entitled to injunctive relief.
Sample 1
Use of Subadviser’s Name. The Adviser and the Fund agree not to refer to any designation comprised in whole or in part of the names or marks "Massachusetts Financial Services Company", "MFS Investment Management" or any other trademark relating to MFS in any advertising or other document without the prior written consent of the subadviser. Upon termination of this Agreement, each party shall cease all use of the other's name as soon as reasonably practicable.
Sample 1
Use of Subadviser’s Name. Neither the Fund nor the Investment Manager or any affiliate or agent thereof shall make reference to or use the name, and any derivative thereof or logo associated with that name, of the Subadviser or any of its affiliates in any advertising or promotional materials without the prior approval of the Subadviser, which approval shall not be unreasonably withheld or delayed. Upon termination of this Agreement, the Investment Manager and the Fund shall forthwith cease to use such name (or derivative or logo) as soon as reasonably practicable. Investment Manager agrees to use the name and logo of the Subadviser only in the form and manner depicted in Appendix B or as otherwise approved in writing by Subadviser and use the appropriate trademark symbol whenever one of Subadviser's trademarks is first mentioned in any Sales Materials, and Investment Manager shall use such footnotes as provided in with the logos in Appendix B that are appropriate or necessary to indicate proprietary interest in the trademark. Investment Manager will do nothing inconsistent with the ownership of the X. Xxxx Price marks, and that it will not, now or hereafter, contest any registration or application for registration of the X. Xxxx Price marks by Subadviser in any jurisdiction, nor will it, now or hereafter, aid anyone in contesting any such registration or application for registration of the X. Xxxx Price marks by Subadviser. Investment Manager further agrees that it will not, without the prior written consent of Subadviser, register, attempt to register or assist anyone else to register the X. Xxxx Price marks in the United States, the UK or anywhere else. For the purposes of this paragraph, the X. Xxxx Price marks shall include any xxxx registered with the United States Patent and Trademark Office by X. Xxxx Price Group, Inc. or any of its subsidiaries.
Sample 1
Use of Subadviser’s Name. Neither the Funds nor the Adviser will use the name of the Subadviser or any affiliate of Subadviser in any prospectus, advertisement, sales literature or other communication to the public without the prior consent of the Subadviser; provided that Subadviser may not unreasonably withhold its consent from the use of its name as required by law.
Sample 1
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Use of Subadviser’s Name. (a) The Adviser agrees that it will, prior to using any sales literature or other materials which mention the Subadviser's name, including any Fund prospectus, statement of additional information, annual report or other document required to be provided to shareholders of the Funds pursuant to the federal securities laws, provide the Subadviser with a copy of all such material. (b) With respect to the Adviser's use of sales literature which mentions the Subadviser's name, the Adviser shall obtain the Subadviser's prior consent before using any such material. With respect to the Adviser's use of any other material listed in paragraph (a) above which mentions the Subadviser's name, the Adviser shall obtain the Subadviser's prior consent before using any such material only if such material is materially different from similar material used by the Adviser with respect to which the Subadviser has already consented. (c) If the Subadviser's prior consent is required, such consent will be presumed to have been given if the Adviser does not receive a response from the Subadviser (i) within 3 business days after the Subadviser's receipt of the materials requiring consent, if such consent relates to sales literature, or (ii) within 5 business days after the Subadviser's receipt of materials requiring consent, if such consent relates to any other material listed in paragraph (a) above. (d) If the Subadviser denies its consent with respect to a particular item, such denial shall be in writing and shall include the Subadviser's reason(s) therefor.
Sample 1

Related to Use of Subadviser’s Name

  • 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-Advisor’s Name During the term of this Agreement, the Advisor shall have permission to use the Sub-Advisor’s name in the marketing of the Fund, and agrees to furnish the Sub-Advisor at its principal office all prospectuses, proxy statements and reports to shareholders prepared for distribution to shareholders of the Fund or the public, which refer to the Sub-Advisor in any way.

  • USE OF SUB-ADVISERS You may delegate any or all of the responsibilities, rights or duties described above to one or more sub-advisers who shall enter into agreements with you, provided the agreements are approved and ratified (i) by the Board including a majority of the trustees who are not interested persons of you or of the Trust, cast in person at a meeting called for the purpose of voting on such approval, and (ii) if required under interpretations of the Investment Company Act of 1940, as amended (the “Act”) by the Securities and Exchange Commission or its staff, by vote of the holders of a majority of the outstanding voting securities of the applicable Fund (unless the Trust has obtained an exemption from the provisions of Section 15(a) of the Act). Any such delegation shall not relieve you from any liability hereunder.

  • Use of Subcustodian (a) The Bank will identify such Assets on its books as belonging to the Customer. (b) A Subcustodian will hold such Assets together with assets belonging to other customers of the Bank in accounts identified on such Subcustodian's books as special custody accounts for the exclusive benefit of customers of the Bank. (c) Any Assets in the Accounts held by a Subcustodian will be subject only to the instructions of the Bank or its agent. Any Securities held in a securities depository for the account of a Subcustodian will be subject only to the instructions of such Subcustodian. (d) Any agreement the Bank enters into with a Subcustodian for holding its customer’s assets shall provide that such assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of such Subcustodian or its creditors except for a claim for payment for safe custody or administration, and that the beneficial ownership of such assets will be freely transferable without the payment of money or value other than for safe custody or administration. The foregoing shall not apply to the extent of any special agreement or arrangement made by the Customer with any particular Subcustodian.

  • USE OF ADVISER’S NAME The parties agree that the name of the Adviser, the names of any affiliates of the Adviser and any derivative or logo or trademark or service xxxx or trade name are the valuable property of the Adviser and its affiliates. The Manager and the Trust shall have the right to use such name(s), derivatives, logos, trademarks or service marks or trade names only with the prior written approval of the Adviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effect. Upon termination of this Agreement, the Manager and the Trust shall forthwith cease to use such name(s), derivatives, logos, trademarks or service marks or trade names. The Manager and the Trust agree that they will review with the Adviser any advertisement, sales literature, or notice prior to its use that makes reference to the Adviser or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names so that the Adviser may review the context in which it is referred to, it being agreed that the Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Investment Company Act or other applicable laws and regulations. If the Manager or the Trust makes any unauthorized use of the Adviser’s names, derivatives, logos, trademarks or service marks or trade names, the parties acknowledge that the Adviser shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.

  • Use of sub-processors (a) The data importer has the data exporter’s general authorisation for the engagement of sub- processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub- processors at least within ten (10) days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object. (b) Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.

  • Use of Sub-Contractors If the Applicant requires the use of a Sub-Contractor in order to adequately complete the Project, a collaboration letter, contract or agreement between the Applicant and the Sub-Contractor must be in place prior to the Applicant proceeding with any Milestone which requires assistance from the Sub-Contractor. Applicant shall: (a) identify the Sub-Contractor to Alberta Innovates; (b) provide a copy of such Sub- Contractor agreement to Alberta Innovates upon request, and on a strictly confidential basis; and (c) ensure that dealings with the Sub-Contractor are not prohibited under any Applicable Laws Including any Anti- Bribery, Anti-Corruption and Sanctions Laws or Export Control Laws. Alberta Innovates may request the Applicant to provide evidence that it has paid the Sub-Contractor for such services. If the Applicant is using a Sub-Contractor: (aa) nothing in this Investment Agreement creates any employment, contract, agency relationship, or other direct or indirect, relationship of any kind between Alberta Innovates and such Sub-Contractor; and (bb) the Applicant shall be solely responsible for all work, acts, claims, defaults and liabilities relating to the Sub-Contractor.

  • Use of Subconsultants If Attachment B of an Approved Service Order authorizes the use of one or more subconsultants, then it will identify the name of each such subconsultant and the portion of Work each such subconsultant will perform. The Director’s prior written consent is required for the Consultant to remove, replace or add to the subconsultants identified in Attachment B.

  • Use of Subcontractors Nothing in this Appendix 2 shall prevent the Interconnection Parties from utilizing the services of subcontractors as they deem appropriate to perform their respective obligations hereunder, provided, however, that each Interconnection Party shall require its subcontractors to comply with all applicable terms and conditions of this Appendix 2 in providing such services.

  • Use of Manager’s Name The Corporation or Fund may use the name “X. Xxxx Price Retirement Funds, Inc.” and “X. Xxxx Price Retirement 2065 Fund” or any other name derived from the name “X. Xxxx Price” only for so long as this Agreement or any extension, renewal, or amendment hereof remains in effect, including any similar agreement with any organization which shall have succeeded to the business of the Manager as investment manager. At such time as this Agreement or any extension, renewal or amendment hereof, or such other similar agreement shall no longer be in effect, the Corporation or Fund will (by corporate action, if necessary) cease to use any name derived from the name “X. Xxxx Price,” any name similar thereto or any other name indicating that it is advised by or otherwise connected with the Manager, or with any organization which shall have succeeded to the Manager’s business as investment manager.

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