Right to Use; Exclusivity Sample Clauses

Right to Use; Exclusivity. (a) The Valuation Agent hereby grants to the Sponsor, each Base Metal ETF set forth in Schedule A and the administrative agent for each such Base Metal ETF (the “Administrative Agent”) and to their respective affiliates the right to use the valuation data described in the applicable Schedule B for such Base Metal ETF (the “Valuation Data”). The Valuation Agent acknowledges and agrees that the Sponsor, each Base Metal ETF and the Administrative Agent may provide such Valuation Data to any third party for any use or purpose reasonably related to the business of such Base Metal ETF. To the extent that such valuations are published via a form of media (e.g., a Base Metal ETF website), the Sponsor will attribute such valuations to the Valuation Agent. (b) Concurrently or prior to the public dissemination of such information, the Valuation Agent will provide the Valuation Data on or after the Effective Date for such Base Metal ETF to the Sponsor, the applicable Base Metal ETF and the Administrative Agent; provided, however that the Valuation Agent shall provide such Valuation Data to the Sponsor, the applicable Base Metal ETF and the Administrative Agent, no later than the time specified in the applicable Schedule B on any applicable day. (c) During the term of this Agreement, the Valuation Agent shall not, without the prior written consent of the Sponsor, provide valuation duties or services that are identical or similar to the Valuation Services to any other exchange-traded fund or equivalent product that invests in or tracks one or more physical metals (or contracts for future delivery or other derivatives on physical metals), either of a single category or in any basket, that are similar to any of the physical metals held or to be held by any of the Base Metal ETFs set forth in Schedule A.