Common use of Proprietary and Confidential Information Clause in Contracts

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 106 contracts

Samples: Distribution Agreement (Brookfield Investment Funds), Distribution Agreement (North Capital Funds Trust), Distribution Agreement (Managed Portfolio Series)

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Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 99 contracts

Samples: Agent Servicing Agreement (Wilshire Variable Insurance Trust), Transfer Agent Servicing Agreement (Brown Advisory Funds), Transfer Agent Servicing Agreement (Trust for Professional Managers)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 85 contracts

Samples: Distribution Agreement (Trust for Advised Portfolios), Distribution Agreement (YCG Funds), Distribution Agreement (Trust for Advised Portfolios)

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 83 contracts

Samples: Transfer Agent Servicing Agreement (Brookfield Investment Funds), Transfer Agent Servicing Agreement (Allied Asset Advisors Funds), Transfer Agent Servicing Agreement (FQF Trust)

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 68 contracts

Samples: Fund Accounting Servicing Agreement (Amplify Commodity Trust), Fund Accounting Servicing Agreement (Trust for Professional Managers), Fund Accounting Servicing Agreement (Wilshire Variable Insurance Trust)

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 59 contracts

Samples: Fund Accounting Servicing Agreement (Valkyrie Bitcoin Fund), Fund Accounting Servicing Agreement (Valkyrie Bitcoin Fund), Fund Accounting Servicing Agreement (Tidal Commodities Trust I)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and shareholder clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 38 contracts

Samples: Distribution Agreement (Managed Portfolio Series), Distribution Agreement (Managed Portfolio Series), Distribution Agreement (Managed Portfolio Series)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 31 contracts

Samples: Custody Agreement (Unified Series Trust), Global Custody Agreement (Usa Mutuals), Custody Agreement (BB&T Variable Insurance Funds)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 22 contracts

Samples: Distribution Agreement (Jensen Quality Growth Fund Inc), Distribution Agreement (Jensen Quality Growth Fund Inc), Distribution Agreement (Provident Mutual Funds, Inc.)

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 19 contracts

Samples: Fund Administration Servicing Agreement (Amplify Commodity Trust), Transfer Agent Servicing Agreement (Amplify Commodity Trust), Fund Administration Servicing Agreement (Amplify Commodity Trust)

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 18 contracts

Samples: Transfer Agent Servicing Agreement (SP Funds Trust), Transfer Agent Servicing Agreement (Valkyrie Bitcoin Fund), Administration Servicing Agreement (Valkyrie Bitcoin Fund)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Appears in 18 contracts

Samples: Closed End Fund (Tortoise Pipeline & Energy Fund, Inc.), Custody Agreement (City National Rochdale Structured Claims Fixed Income Fund LLC), Custody Agreement (Cushing Renaissance Fund)

Proprietary and Confidential Information. The Distributor X. XXXXXX agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 16 contracts

Samples: Agent Servicing Agreement (PFM Multi-Manager Series Trust), Transfer Agent Servicing Agreement (Mason Capital Fund Trust), Transfer Agent Servicing Agreement (Mason Capital Fund Trust)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 12 contracts

Samples: Custody Agreement (New Century Portfolios), Custody Agreement (Keystone Mutual Funds), Custody Agreement (Trust for Professional Managers)

Proprietary and Confidential Information. The Distributor A. USBGFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 12 contracts

Samples: Transfer Agent Servicing Agreement (Tidal ETF Trust II), Fund Administration Servicing Agreement (SP Funds Trust), Fund Administration Servicing Agreement (Valkyrie ETF Trust II)

Proprietary and Confidential Information. The Distributor A. XXXXXX agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 9 contracts

Samples: Transfer Agent Servicing Agreement (Volatility Shares Trust), Fund Administration Servicing Agreement (SP Funds Trust), Transfer Agent Servicing Agreement (Themes ETF Trust)

Proprietary and Confidential Information. The Distributor X. XXXXXX agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agentagents or service providers, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 7 contracts

Samples: Fund Accounting Servicing Agreement (Mason Capital Fund Trust), Etf Fund Accounting Servicing Agreement (Madison ETFs Trust), Fund Accounting Servicing Agreement (Strategic Trust)

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust Fund or its agentagents or service providers, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Appears in 6 contracts

Samples: Fund Accounting Servicing Agreement (Denali Structured Return Strategy Fund), Fund Administration Servicing Agreement (Denali Structured Return Strategy Fund), Transfer Agent Servicing Agreement (Denali Structured Return Strategy Fund)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 6 contracts

Samples: Custody Agreement (Fairholme Funds Inc), Custody Agreement (American Money Management Funds), Global Custody Agreement (Prospector Funds, Inc.)

Proprietary and Confidential Information. The Distributor A. USBGFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agentagents or service providers, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 6 contracts

Samples: Fund Accounting Servicing Agreement (Tidal ETF Trust II), Fund Accounting Servicing Agreement (Valkyrie ETF Trust II), Fund Accounting Servicing Agreement (SHP ETF Trust)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 5 contracts

Samples: Distribution Agreement (RBB Fund, Inc.), Distribution Agreement (Provident Mutual Funds, Inc.), Distribution Agreement (Fairholme Funds Inc)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time xxxxxxxx xxxx xxxe to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 5 contracts

Samples: Custody Agreement (Cm Advisers Family of Funds), Custody Agreement (Church Capital Investment Trust), Fund Custody Agreement (Citigroup Alternative Investments Trust)

Proprietary and Confidential Information. The Distributor Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, provided that Fund Services shall promptly notify the Trust of such request if permitted by applicable law, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 4 contracts

Samples: Transfer Agent Servicing Agreement (Tidal ETF Trust), Transfer Agent Servicing Agreement (Salt Funds Trust), Transfer Agent Servicing Agreement (Tidal ETF Trust)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCorporation, all records and other information relative to the Trust Corporation and prior, present present, or potential shareholders of the Trust Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCorporation, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCorporation. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Corporation or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Corporation and its shareholders.

Appears in 4 contracts

Samples: Custody Agreement (Primary Trend Fund Inc), Custody Agreement (Primary Income Funds Inc), Custody Agreement (Monetta Fund Inc)

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustTrusts, all records and other information relative to the Trust Trusts and prior, present present, or potential shareholders of the Trust Trusts (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustTrusts, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustTrusts. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Trusts or its their agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Trusts pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Trusts and its shareholders.

Appears in 4 contracts

Samples: Transfer Agent Servicing Agreement (Calamos Advisors Trust/Il), Transfer Agent Servicing Agreement (Calamos Investment Trust/Il), Transfer Agent Servicing Agreement (Calamos Advisors Trust/Il)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Appears in 4 contracts

Samples: Custody Agreement (Rochdale High Yield Advances Fund LLC), Custody Agreement (Rochdale Alternative Total Return Fund LLC), Custody Agreement (Rochdale Structured Claims Fixed Income Fund LLC)

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, provided that Fund Services shall promptly notify the Trust of such request or permitted by applicable law or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agentagents or service providers, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 4 contracts

Samples: Fund Accounting Servicing Agreement (Vs Trust), Fund Accounting Servicing Agreement (Vs Trust), Fund Accounting Servicing Agreement (Tidal ETF Trust)

Proprietary and Confidential Information. The Distributor A. USBGFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust Fund or its agentagents or service providers, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Appears in 4 contracts

Samples: Fund Administration Servicing Agreement (Franklin BSP Private Credit Fund), Fund Accounting Servicing Agreement (Finite Solar Finance Fund), Fund Administration Servicing Agreement (Finite Solar Finance Fund)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except except: (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, ; (ii) when requested to divulge such information by duly constituted authorities, ; or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 4 contracts

Samples: Stone Ridge Trust V (Stone Ridge Trust V), Stone Ridge Trust Iv (Stone Ridge Trust IV), Distribution Agreement (Stone Ridge Trust V)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Appears in 4 contracts

Samples: Amended and Restated Distribution Agreement (Bridges Investment Fund Inc), Distribution Agreement (First American Strategy Funds Inc), Distribution Agreement (First American Funds Inc)

Proprietary and Confidential Information. The Distributor A. XXXXXX agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agentagents or service providers, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 4 contracts

Samples: Etf Fund Accounting Servicing Agreement (Themes ETF Trust), Fund Accounting Servicing Agreement (Mason Capital Fund Trust), Fund Accounting Servicing Agreement (Tidal Trust II)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Appears in 4 contracts

Samples: Distribution Agreement (Sims Total Return Fund, Inc.), Distribution Agreement (RiverNorth Marketplace Lending Corp), Distribution Agreement (Aegis Funds)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and shareholder clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 4 contracts

Samples: Distribution Agreement (Managed Portfolio Series), Distribution Agreement (Trust for Advised Portfolios), Distribution Agreement (Managed Portfolio Series)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested required to divulge such information by duly constituted governmental or regulatory authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as such may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 4 contracts

Samples: Distribution Agreement (DoubleLine Funds Trust), Distribution Agreement (DoubleLine Funds Trust), Agreement (DoubleLine Funds Trust)

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustTrusts, all records and other information relative to the Trust Trusts and prior, present present, or potential shareholders of the Trust Trusts (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the applicable Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the applicable Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Trusts pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 4 contracts

Samples: Transfer Agent Servicing Agreement (Underlying Funds Trust), Transfer Agent Servicing Agreement (Hatteras Alternative Mutual Funds Trust), Administration Servicing Agreement (Underlying Funds Trust)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. The Distributor will implement and maintain a disaster recovery plan and policies and procedures reasonably designed to prevent, detect and respond to cyber security threats. The Distributor shall promptly notify the Trust and the Advisor of any material violations or breaches of such policies and procedures.

Appears in 3 contracts

Samples: Distribution Agreement (Manager Directed Portfolios), Distribution Agreement (Manager Directed Portfolios), Distribution Agreement (Manager Directed Portfolios)

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholdersshareholders and shall comply with the Gxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Appears in 3 contracts

Samples: Fund Accounting Servicing Agreement (Series Portfolios Trust), Fund Accounting Servicing Agreement (Trust for Advised Portfolios), Fund Accounting Servicing Agreement (Managed Portfolio Series)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time bx xxxxxxxx xxxx xxme to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 3 contracts

Samples: Custody Agreement (AlphaMark Investment Trust), Custody Agreement (Gardner Lewis Investment Trust), Custody Agreement (RAM Funds)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except except: (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 3 contracts

Samples: Custody Agreement (Hennessy Funds Inc), Custody Agreement (Hennessy Mutual Funds Inc), Custody Agreement (Henlopen Fund)

Proprietary and Confidential Information. The Distributor A. USBGFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustAdministrator, all records and other information relative to the Trust Administrator and prior, present present, or potential shareholders of the Trust Administrator (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustAdministrator, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustAdministrator. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust Administrator or its agent, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust Administrator pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Administrator and its shareholders.

Appears in 3 contracts

Samples: Fund Sub Administration Servicing Agreement (Aristotle Funds Series Trust), Fund Sub Administration Servicing Agreement (Aristotle Funds Series Trust), Fund Sub Administration Servicing Agreement (Aristotle Funds Series Trust)

Proprietary and Confidential Information. The Distributor agrees TCG Administrative and Catalyst mutually agree on behalf of itself their selves and its managerstheir directors, officers, and employees to treat confidentially and as proprietary information of the Trustinformation, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), this Agreement and not to use such records and information for any purpose other than the performance of its their respective responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trustother, which approval shall not be unreasonably withheld and may not be withheld where the Distributor either may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trustother. Records and other information which have become known to the public through no wrongful act of the Distributor TCG Administrative or Catalyst or any of its employees, agents or representatives, and information that was already in the possession of the Distributor TCG Administrative or Catalyst prior to receipt thereof from the Trust other or its agent, shall not be subject to this paragraph. Further, the Distributor TCG Administrative will adhere to the privacy policies adopted by Catalyst and the Trust TCG Funds pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor TCG Administrative shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Catalyst and its shareholdersClients.

Appears in 3 contracts

Samples: Administration and Research Agreement (TCG Financial Series Trust VI), Administration and Research Agreement (TCG Financial Series Trust I), Administration and Research Agreement (TCG Financial Series Trust III)

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agentagents or service providers, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Monetta Trust), Fund Accounting Servicing Agreement (Innovator ETFs Trust II)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 2 contracts

Samples: Closed End Fund (City National Rochdale High Yield Alternative Strategies Fund LLC), Global Custody Agreement (Prospector Funds, Inc.)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor Fund will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Appears in 2 contracts

Samples: Custody Agreement (Rochdale Core Alternative Strategies Fund LLC), Custody Agreement (At Fund of Funds TEI)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian, will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 2 contracts

Samples: Custody Agreement (Bb&t Funds /), Custody Agreement (BB&T Variable Insurance Funds)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCorporation, all records and other information relative to the Trust Corporation and prior, present or potential shareholders of the Trust Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCorporation, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCorporation. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Corporation or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Corporation and its shareholders.

Appears in 2 contracts

Samples: Distribution Agreement (Perritt Microcap Opportunities Fund Inc), Distribution Agreement (Perritt Funds Inc)

Proprietary and Confidential Information. The Distributor A. USBGFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Intrepid Capital Management Funds Trust), Transfer Agent Servicing Agreement (Sprott Funds Trust)

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholdersshareholders and shall comply with the Gxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Leuthold Funds Inc), Fund Accounting Servicing Agreement (RBB Fund, Inc.)

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to timetime (the "GLB Act"). In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 2 contracts

Samples: Fund Administration Servicing Agreement (Tortoise North American Energy Corp), Fund Accounting Servicing Agreement (Tortoise North American Energy Corp)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. The Distributor will implement and maintain a disaster recovery plan and policies and procedures reasonably designed to prevent, detect and respond to cyber security threats. The Distributor shall promptly notify the Trust and the Advisor of any material violations or breaches of such policies and procedures.

Appears in 2 contracts

Samples: Distribution Agreement (Manager Directed Portfolios), Distribution Agreement (Manager Directed Portfolios)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and shareholder clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Sound Point Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 2 contracts

Samples: Distribution Agreement (Trust for Advised Portfolios), Distribution Agreement (Trust for Advised Portfolios)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, employees, representatives and employees agents to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 2 contracts

Samples: Distribution Agreement (Harding Loevner Funds Inc), Distribution Agreement (Harding Loevner Funds Inc)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except except: (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, ; (ii) when requested to divulge such information by duly constituted authorities, ; or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 2 contracts

Samples: Stone Ridge Trust Iii (Stone Ridge Trust III), Stone Ridge Trust Ii (Stone Ridge Trust II)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records records, non-public portfolio holdings and other information relative to the Trust and prior, present or potential shareholders of the Trust (and Trust(and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. In addition, pursuant to Regulation S-P under the Xxxxx-Xxxxx-Xxxxxx Act (“Reg. S-P”), the Distributor agrees to deliver the Trust’s then current consumer privacy notice to any customer who purchases Shares from or thorough the Distributor at or prior to the time of the initial purchase, if the customer would be considered a “consumer” or “customer” (each as defined in Reg. S-P) of a Fund.

Appears in 2 contracts

Samples: Distribution Agreement (Glenmede Portfolios), Distribution Agreement (Glenmede Portfolios)

Proprietary and Confidential Information. The Distributor A. USBGFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 2 contracts

Samples: Etf Fund Administration Servicing Agreement (Jacob Funds Inc.), Transfer Agent Servicing Agreement (Jacob Funds Inc.)

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except except: (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, ; (ii) when requested to divulge such information by duly constituted authorities, ; or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Stone Ridge Trust), Fund Accounting Servicing Agreement (Stone Ridge Trust)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders. Distributor shall notify the Company promptly of any unauthorized use, dissemination, loss or damage of records or data of the Company or a Fund.

Appears in 2 contracts

Samples: Distribution Agreement (RBB Fund, Inc.), Form of Distribution Agreement (RBB Fund, Inc.)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesauthorities (following notice to the Company, if such notice is permitted by applicable law), or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 2 contracts

Samples: Distribution Agreement (Manager Directed Portfolios), Distribution Agreement (Manager Directed Portfolios)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. Except to the extent supplemented hereby, the Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Custody Agreement (Purisima Funds)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time bx xxxxxxxx xxxx xxme to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 1 contract

Samples: Custody Agreement (Keeley Funds, Inc.)

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesauthorities authorized by the Trust, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In addition, USBFS will comply with any other limitations or restrictions on disclosure of portfolio holdings or other information of the Funds set forth in the Funds prospectuses and statements of additional information. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (LKCM Funds)

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Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. The Distributor hereby acknowledges that in the normal course of its provision of services to the Trust it may come into possession of material nonpublic information concerning the Funds. Such information may include portfolio holdings, trading strategies and pending transactions not generally known to the public. The Distributor acknowledges and agrees that it has duties of confidentiality and care with respect to such material nonpublic information. The Distributor represents that it has implemented effective policies and procedures designed to safeguard such information and to ensure that no employee or other representative trades on such information, communicates it to others or otherwise misuses it.

Appears in 1 contract

Samples: Distribution Agreement (Keystone Mutual Funds)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from xx xxxxxxxx xxxx time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Wy Funds)

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesauthorities approved by the Trust, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In addition, USBFS will comply with any other limitations or restrictions on disclosure of portfolio holdings or other information of the Funds set forth in the Funds prospectuses and statements of additional information. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (LKCM Funds)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesauthorities (following notice to the Company, if such notice is permitted by applicable law), or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic electronic, and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Leader Funds Trust)

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld (i) where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (ConvexityShares Trust)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to time. In this regard, the Distributor shall have in place and shalx xxxx xx xxxxx xxd maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Series Portfolios Trust)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its current or former shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Greenspring Fund Inc)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its affiliates, managers, officers, and employees to treat confidentially and as proprietary information of the TrustCorporation, all records and other information relative to the Trust Corporation and prior, present or potential shareholders of the Trust Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCorporation, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesgovernmental or regulatory authorities (and upon such disclosure, to the extent not prohibited by applicable law, the Distributor shall provide written notice of such disclosure to the Corporation as promptly as reasonably practicable), or (iii) when so requested by the TrustCorporation. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already legitimately in the possession of the Distributor prior to receipt thereof from the Trust Corporation or its agentagent and was not subject to a duty of confidentiality, shall not be subject to this paragraph. Execution Copy Further, the Distributor will adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Corporation and its shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Thompson Im Funds Inc)

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified xx xxx xx xxxxxxxd from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Keeley Funds, Inc.)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time bx xxxxxxxx xxxx xime to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Custody Agreement (PMFM Investment Trust)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time xxxxxxxx xxxx xxme to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 1 contract

Samples: Closed End Fund Custody Agreement (Tortoise Total Return Fund, LLC)

Proprietary and Confidential Information. The Distributor Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information Execution Copy by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Absolute Shares Trust)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to timetx xxxx. In this regardXx xxxx xegard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Rockland Funds Trust)

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders) (“Confidential Information”), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.. In the case of any unauthorized access to Confidential Information (“Breach of Security”), USBFS shall:

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Eip Investment Trust)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its current or former shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Greenspring Fund Inc)

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesa Court or the U.S. Securities and Exchange Commission, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (New Covenant Funds)

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agentagents or service providers, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (North Capital Funds Trust)

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which wl1ich have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Country Mutual Funds Trust)

Proprietary and Confidential Information. The Distributor X. XXXXXX agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information information, other than personal data, which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agentagents or service providers, shall not be subject to this paragraph. XXXXXX agrees to promptly and securely delete such data after the expiration of the longest of the retention periods necessary to perform the services, consistent with litigation holds, or as otherwise required by statutory or regulatory requirements. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (DoubleLine Funds Trust)

Proprietary and Confidential Information. The Distributor A. XXXXXX agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents agents, or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agent, agents or service providers shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (SP Funds Trust)

Proprietary and Confidential Information. The Distributor Selling Agent agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Selling Agent may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Selling Agent or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Selling Agent prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Selling Agent will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Selling Agent shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Underlying Funds Trust (Underlying Funds Trust)

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.. Execution Copy

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Absolute Shares Trust)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCorporation, all records and other information relative to the Trust Corporation and prior, present present, or potential shareholders of the Trust Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCorporation, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCorporation. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Corporation or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to time. In this regardtxxx xxxxxx, the Distributor xxx Xxstodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Corporation and its shareholders.

Appears in 1 contract

Samples: Custody Agreement (Thompson Plumb Funds Inc)

Proprietary and Confidential Information. The Distributor a. USBGFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Intrepid Capital Management Funds Trust)

Proprietary and Confidential Information. The Distributor A. USBGFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agentagents or service providers, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Sprott Funds Trust)

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. 2014 - ETF Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Plus Trust)

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to timetxxx xx xxxx. In this Xx xxis regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Academy Funds Trust)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders. The Distributor shall provide prompt notice to the Company, in accordance with Distributor’s policies and procedures, in the event that Distributor becomes aware that any records and information relating to the Company or its shareholders has been compromised as a result of a breach of security at the Distributor. Such notice will include Distributor’s reasonable estimate of the number of records affected and the nature of the information exposed, together with the steps to be taken by the Distributor to limit such exposure and avoid a recurrence thereof.

Appears in 1 contract

Samples: Distribution Agreement (IronBridge Funds, Inc.)

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesa Court or the U.S. Securities and Exchange Commission, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (New Covenant Funds)

Proprietary and Confidential Information. The Distributor A. XXXXXX agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agent, agent shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (SP Funds Trust)

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (RBB Fund, Inc.)

Proprietary and Confidential Information. The Distributor X. XXXXXX agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information information, other than personal data, which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. XXXXXX agrees to promptly and securely delete such data after the expiration of the longest of the retention periods necessary to perform the services, consistent with litigation holds, or as otherwise required by statutory or regulatory requirements. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholdersshareholders (the “Shareholders”).

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (DoubleLine Funds Trust)

Proprietary and Confidential Information. The Distributor A. USBGFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCorporation, all records and other information relative to the Trust Corporation and prior, present present, or potential shareholders of the Trust Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCorporation, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCorporation. Records and other information which have become known to the public through no wrongful act of the Distributor USBGFS or any of its employees, agents agents, representatives, affiliates or representativessuppliers, and information that was already in the possession of the Distributor USBGFS prior to receipt thereof from the Trust Corporation or its agent, shall not be subject to this paragraph. Further, the Distributor USBGFS will adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Corporation and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (TCW Funds Inc)

Proprietary and Confidential Information. The Distributor Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesconstitutedauthorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (ETF Series Solutions)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will shall adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Brandes Investment Trust)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, officers and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (ia) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (iib) when requested to divulge such information by duly constituted authorities, or (iiic) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 1 contract

Samples: Distribution Agreement (IronBridge Funds, Inc.)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to time. In this regardXx xxxx xxxxxx, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Custody Agreement (Academy Funds Trust)

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested in writing by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Angel Oak Funds Trust)

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to time. In this regardthix xxxxxx, the Distributor xxx Xustodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Appears in 1 contract

Samples: Closed End Fund Custody Agreement (Tortoise Gas & Oil Corp)

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