Common use of Data Access and Proprietary Information Clause in Contracts

Data Access and Proprietary Information. 5.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 23 contracts

Samples: Transfer Agency and Service Agreement (Variable Annuity Portfolios), Transfer Agency Agreement (White Elk Funds), Transfer Agency and Service Agreement (Rochdale Investment Trust)

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Data Access and Proprietary Information. 5.1 6.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 16 contracts

Samples: Transfer Agency and Service Agreement (American Beacon Select Funds), Transfer Agency and Service Agreement (American Pension Investors Trust), Transfer Agency and Service Agreement (Selected Capital Preservation Trust)

Data Access and Proprietary Information. 5.1 5.01 The Fund acknowledges that the data bases, computer programs, screen formatsformat, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 8 contracts

Samples: Transfer Agency and Service Agreement (Gabelli Innovations Trust), Transfer Agency and Service Agreement (Aga Series Trust), Transfer Agency and Service Agreement (Equi Select Series Trust)

Data Access and Proprietary Information. 5.1 6.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 7 contracts

Samples: Transfer Agency and Service Agreement (Lm Institutional Fund Advisors Ii Inc), Agency and Service Agreement (Monument Series Fund Inc), Transfer Agency and Service Agreement (Ge Investment Funds Inc)

Data Access and Proprietary Information. 5.1 5.01 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 5 contracts

Samples: Agency and Service Agreement (Century Capital Managment Trust), Transfer Agency and Service Agreement (Prospect Street High Income Portfolio Inc), Transfer Agency and Service Agreement (Legg Mason Global Trust Inc)

Data Access and Proprietary Information. 5.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 4 contracts

Samples: Agency and Service Agreement (Williams Capital Management Trust), Transfer Agency and Service Agreement (Style Select Series Inc), Agency and Service Agreement (Monument Series Fund Inc)

Data Access and Proprietary Information. 5.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank IFTC as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank IFTC on data bases under the control and ownership of the Bank IFTC or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank IFTC or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank IFTC and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 4 contracts

Samples: Investment Accounting Agreement (Bull & Bear Municipal Income Fund Inc), Investment Accounting Agreement (Bull & Bear U S Government Securities Fund Inc), Investment Accounting Agreement (Bull & Bear Global Income Fund Inc/)

Data Access and Proprietary Information. 5.1 5.1. The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party part ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other such third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (Americas Utility Fund Inc), Transfer Agency and Service Agreement (Americas Utility Fund Inc), Transfer Agency and Service Agreement (Mentor Variable Investment Portfolios)

Data Access and Proprietary Information. 5.1 5.01 The Fund acknowledges that the data bases, computer programs, screen formatsformat, report formats, interactive design techniques, and documentation manuals (collectively, "Proprietary Information") furnished to the Fund by the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (JPM Series Trust), Transfer Agency and Service Agreement (JPM Pierpont Funds), Transfer Agency and Service Agreement (JPM Institutional Funds)

Data Access and Proprietary Information. 5.1 6.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank NFDS as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank NFDS on data bases under the control and ownership of the Bank or other third party NFDS ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank NFDS or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank NFDS and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 2 contracts

Samples: Agency and Service Agreement (American General Series Portfolio Co 2), Transfer Agency and Service Agreement (American General Series Portfolio Co 2)

Data Access and Proprietary Information. 5.1 5.01 The Fund acknowledges Funds acknowledge that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund Funds by the Bank as part of the Fund's Funds' ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees Funds agree to treat all Proprietary Information as proprietary to the Bank and further agrees agree that it they shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees Funds agree for itself themselves and its their employees and agents:

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Select Advisors Trust A), Transfer Agency and Service Agreement (Select Advisors Trust C)

Data Access and Proprietary Information. 5.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank Transfer Agent as part of the Fund's ’s ability to access certain Fund-related data ("Customer Data") maintained by the Bank Transfer Agent on data bases databases under the control and ownership of the Bank or other third party Transfer Agent ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank Transfer Agent or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank Transfer Agent and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Pax World Funds Trust II), Transfer Agency and Service Agreement (Metropolitan Series Fund Ii)

Data Access and Proprietary Information. 5.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank Transfer Agent as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank Transfer Agent on data bases under the control and ownership of the Bank or other third party Transfer Agent ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank Transfer Agent or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank Transfer Agent and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Thrivent Financial Securities Lending Trust), Transfer Agency and Service Agreement (Thrivent Financial Securities Lending Trust)

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Data Access and Proprietary Information. 5.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as required by applicable law or as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 1 contract

Samples: Agency and Service Agreement (Met Investors Series Trust)

Data Access and Proprietary Information. 5.1 6.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ’s ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Sunamerica Senior Floating Rate Fund Inc)

Data Access and Proprietary Information. 5.1 7.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank BFDS as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank BFDS on data bases under the control and ownership of the Bank or other third party BFDS ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank BFDS or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank BFDS and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Tiaa Cref Institutional Mutual Funds)

Data Access and Proprietary Information. 5.1 5.01 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank SFM as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank SFM on data bases under the control and ownership of the Bank SFM or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank SFM or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank SFM and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Ark Funds/Ma)

Data Access and Proprietary Information. 5.1 5.01 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals other information furnished to the Fund by the Bank as part of the Fund's ability to access certain Fund-Company related data ("Customer Data") maintained by the Bank on data bases databases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to that it shall treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided expressly permitted hereunder. Without limiting the foregoing, the The Fund agrees for itself and its employees and agents:

Appears in 1 contract

Samples: Registrar, Transfer Agency and Service Agreement (Delaware Group Global Dividend & Income Fund Inc)

Data Access and Proprietary Information. 5.1 6.1 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ability to 14 access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (American Aadvantage Mileage Funds)

Data Access and Proprietary Information. 5.1 5.01 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ’s ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (RS Variable Products Trust)

Data Access and Proprietary Information. 5.1 6.01 The Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Fund by the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Fund agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Fund agrees for itself and its employees and agents:

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (RBB Fund Inc)

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