LICENSE TO USE THE NAME. The Advisor grants to the Trust a license to use the name “Xxxxx Capital Management,” “Xxxxx Capital” and any reasonable derivations thereof (collectively, the “Name”) as part of the name of any Fund. The foregoing authorization by the Advisor to the Trust to use the Name as part of the name of any Fund is not exclusive of the right of the Advisor itself to use, or to authorize others to use, the Name; the Trust acknowledges and agrees that, as between the Trust and the Advisor, the Advisor has the right to use, or authorize others to use, the Name. The Trust shall: (i) only use the Name in a manner consistent with uses approved by the Advisor; (ii) use its best efforts to maintain the quality of the services offered using the Name; and (iii) adhere to such other specific quality control standards as the Advisor may from time to time promulgate. At the request of the Advisor, the Trust will (i) submit to the Advisor representative samples of any promotional materials using the Name, and (ii) change the name of any Fund within three months of its receipt of the Advisor’s request, or such other shorter time period as may be required under the terms of a settlement agreement or court order, so as to eliminate all reference to the Name and will not thereafter transact any business using the Name in the name of any Fund; provided, however, that the Trust may continue to use beyond such date any supplies of prospectuses, marketing materials and similar documents that the Trust had on the date of such name change in quantities not exceeding those historically produced and used in connection with such Fund.
Appears in 5 contracts
Samples: Investment Advisory Agreement (Brown Capital Management Mutual Funds), Investment Advisory Agreement (Brown Capital Management Mutual Funds), Investment Advisory Agreement (Brown Capital Management Mutual Funds)
