Common use of Privacy Notice/Confidentiality Clause in Contracts

Privacy Notice/Confidentiality. The Adviser and Sub-Adviser acknowledge prior receipt of the Trust’s Privacy Notice and Policy. Adviser and Sub-Adviser agree to safeguard all information pertaining to the Fund consistent with the requirements of applicable state and federal privacy statutes pertaining to registered investment advisers which are necessary to be met in order to perform the services contemplated by this Agreement. Subject to the duty of the Sub-Adviser, the Adviser, the Trust and/or the Subsidiary to comply with applicable law, including any demand of any regulatory or taxing authority having jurisdiction, the parties hereto shall treat as confidential all non-public information pertaining to the Fund and the Subsidiary; and the information or actions of the Adviser and Sub-Adviser including all details relating (but not limited) to the Investment Program, the Adviser’s and Sub-Adviser’s trading programs generally, their systems, methodologies, trading techniques, research, strategies, models and other commercial information relating to the Adviser, Sub-Adviser or their respective group and any information or actions of the Adviser, the Trust or the Subsidiary in respect thereof (the “Confidential Information”). No party shall use another party’s Confidential Information for any purpose other than the management of the Fund and the Subsidiary, and that it shall not (and shall procure that its employees, officers, any member of its group and employees and officers of any member of its group shall not) copy, misuse, misappropriate or reverse engineer or otherwise appropriate or make use of the Confidential Information other than as specifically envisaged by the terms of this Agreement or otherwise mutually agreed between the parties. Each party acknowledges and agrees that because of the proprietary nature of the Confidential Information described in Section, damages may not be an adequate remedy for any breach of its obligations under this Section and therefore agrees that the non-breaching party will be entitled to seek specific performance and any other form of equitable or interim remedies.

Privacy Notice/Confidentiality. The Adviser and Sub-Adviser acknowledge prior receipt of the Trustother’s Privacy Notice and Policy. Adviser and Sub-Adviser agree to safeguard all information pertaining to the Fund consistent with the requirements of applicable state and federal privacy statutes pertaining to registered investment advisers which are necessary to be met in order to perform the services contemplated by this Agreementadvisers. Subject to the duty of the Sub-Adviser, the Adviser, Adviser and/or the Trust and/or the Subsidiary to comply with applicable law, including any demand of any regulatory or taxing authority having jurisdiction, the parties hereto shall treat as confidential all non-public information pertaining to the Fund and the SubsidiaryFund; and the information or actions of the Adviser and Sub-Adviser including all details relating (but not limited) to the Investment Programinvestment program, the Adviser’s and Sub-Adviser’s trading programs generally, their systems, methodologies, trading techniques, research, strategies, models and other commercial information relating to the Adviser, Sub-Adviser or their respective group and any information or actions of the Adviser, Adviser or the Trust or the Subsidiary in respect thereof (the “Confidential Information”). No party shall use another party’s Confidential Information for any purpose other than the management of the Fund and the SubsidiaryFund, and that it shall not (and shall procure that its employees, officers, any member of its group and employees and officers of any member of its group shall not) copy, misuse, misappropriate or reverse engineer or otherwise appropriate or make use of the Confidential Information other than as specifically envisaged by the terms of this Agreement or otherwise mutually agreed between the parties. Each party acknowledges and agrees that because of the proprietary nature of the Confidential Information described in Section, damages may not be an adequate remedy for any breach of its obligations under this Section and therefore agrees that the non-breaching party will be entitled to seek specific performance and any other form of equitable or interim remedies.

Privacy Notice/Confidentiality. The Adviser and Sub-Adviser acknowledge prior receipt of the Trust’s Privacy Notice and Policy. .. Adviser and Sub-Adviser agree to safeguard all information pertaining to the Fund consistent with the requirements of applicable state and federal privacy statutes statutes1 pertaining to registered investment advisers which are necessary to be met in order to perform the services contemplated by this Agreement. Subject to the duty of the Sub-Adviser, the Adviser, the Trust and/or the Subsidiary Fund to comply with applicable law, including any demand of any regulatory or taxing authority having jurisdiction, the parties hereto shall treat as confidential all non-public information pertaining to the Fund Trust and the SubsidiaryFund; and the information or actions of the Adviser and Sub-Adviser including all details relating (but not limited) to the Investment Program, the Adviser’s and Sub-Adviser’s trading programs generally, their systems, methodologies, trading techniques, research, strategies, models and other commercial information relating to the Adviser, Sub-Adviser or their respective group and any information or actions of the Adviser, the Trust or the Subsidiary Fund in respect thereof (the “Confidential Information”). No party shall use another party’s Confidential Information for any purpose other than the management of the Fund Trust and the SubsidiaryFund, and that it shall not (and shall procure that its employees, officers, any member of its group and employees and officers of any member of its group shall not) copy, misuse, misappropriate or reverse engineer or otherwise appropriate or make use of the Confidential Information other than as specifically envisaged by the terms of this Agreement or otherwise mutually agreed between the parties. Each party acknowledges and agrees that because of the proprietary nature of the Confidential Information described in Section, damages may not be an adequate remedy for any breach of its obligations under this Section and therefore agrees that the non-breaching party will be entitled to seek specific performance and any other form of equitable or interim remedies.

Privacy Notice/Confidentiality. The Adviser and Sub-Adviser acknowledge prior receipt of the Trust’s Privacy Notice and Policy. .. Adviser and Sub-Adviser agree to safeguard all information pertaining to the Fund consistent with the requirements of applicable state and federal privacy statutes statutes[1] pertaining to registered investment advisers which are necessary to be met in order to perform the services contemplated by this Agreement. Subject to the duty of the Sub-Adviser, the Adviser, the Trust and/or the Subsidiary Fund to comply with applicable law, including any demand of any regulatory or taxing authority having jurisdiction, the parties hereto shall treat as confidential all non-public information pertaining to the Fund Trust and the SubsidiaryFund; and the information or actions of the Adviser and Sub-Adviser including all details relating (but not limited) to the Investment Program, the Adviser’s and Sub-Adviser’s trading programs generally, their systems, methodologies, trading techniques, research, strategies, models and other commercial information relating to the Adviser, Sub-Adviser or their respective group and any information or actions of the Adviser, the Trust or the Subsidiary Fund in respect thereof (the “Confidential Information”). No party shall use another party’s Confidential Information for any purpose other than the management of the Fund Trust and the SubsidiaryFund, and that it shall not (and shall procure that its employees, officers, any member of its group and employees and officers of any member of its group shall not) copy, misuse, misappropriate or reverse engineer or otherwise appropriate or make use of the Confidential Information other than as specifically envisaged by the terms of this Agreement or otherwise mutually agreed between the parties. Each party acknowledges and agrees that because of the proprietary nature of the Confidential Information described in Section, damages may not be an adequate remedy for any breach of its obligations under this Section and therefore agrees that the non-breaching party will be entitled to seek specific performance and any other form of equitable or interim remedies.