Common use of USE OF SUB-ADVISER’S NAME Clause in Contracts

USE OF SUB-ADVISER’S NAME. The parties agree that the names of the Sub-Adviser and its affiliates and the Sub-Adviser’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Sub-Adviser Property”) are the valuable property of the Subadviser and its affiliates. The Adviser and the Trust may use Subadviser Property only: (1) to identify Sub-Adviser as the Sub-adviser to a Portfolio as required by law or governmental regulations; (2) in marketing materials for a Portfolio provided that such use is limited to: (a) identifying Sub-Adviser and the services performed for the Portfolio by the Sub-Adviser; and (b) providing biographical information about the Sub-Adviser that is accurately derived from information provided by or made public by Sub-Adviser or its affiliates; and (3) to name the Portfolio “AXA/Xxxxxxxxx Global Equity Managed Volatility Portfolio.” Any other use of Sub-Adviser Property must be expressly pre-approved in writing by Subadviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effect. Any change in any approved use of Sub-Adviser Property including, without limitation, change in the name of a Portfolio, requires prior approval in writing by the Sub-Adviser. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use Sub-Adviser Property. If the Adviser or the Trust makes any unauthorized use of Sub-Adviser Property, the parties acknowledge that the Sub-Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Sub-Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, and any derivative, logo, trademark, service xxxx or trade name of the Sub-Adviser or its affiliates, are the valuable property of the Sub-Adviser and its affiliates.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Eq Advisors Trust)

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USE OF SUB-ADVISER’S NAME. The parties agree that the names of the Sub-Adviser and its affiliates and the Sub-Adviser’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Sub-Adviser Property”) are the valuable property of the Subadviser Sub-Adviser and its affiliates. The Adviser and the Trust may use Subadviser Property onlySub-Adviser Property: (1) to identify Sub-Adviser as the Sub-adviser subadviser to a Portfolio the Trust as required by law or governmental regulations; and (2) in marketing materials for a Portfolio provided that such use is limited to: (a) identifying Sub-Adviser and the services performed for the Portfolio Trust by the Sub-Adviser; and (b) providing biographical information about the Sub-Adviser that is accurately derived from information provided by or made public by Sub-Adviser or its affiliates; and (3) to name the Portfolio “AXA/Xxxxxxxxx Global Equity Managed Volatility Portfolio.” . Any other use of Sub-Adviser Property must be expressly pre-approved in writing by Subadviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effectSub-Adviser. Any change in any approved use of Sub-Adviser Property including, without limitation, change in the name of a PortfolioFund name, requires prior approval in writing by the Sub-Adviser. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use Sub-Adviser Property. If the Adviser or the Trust makes any unauthorized use of Sub-Adviser Property, Property the parties acknowledge that the Sub-Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Sub-Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, and any derivative, logo, trademark, service xxxx or trade name of the Sub-Adviser or its affiliates, are the valuable property of the Sub-Adviser and its affiliates.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (1290 Funds)

USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, and any derivative thereof, the names of any affiliates of the Sub-Adviser and its affiliates and the Sub-Adviser’s and its affiliates’ logos, trademarks, any derivative or logo or trademark or service marks xxxx or trade names and any derivatives of such name (altogether collectively, the Sub-Adviser PropertyPIMCO Marks”) are the valuable property of the Subadviser Sub-Adviser and its affiliates. The Adviser and the Trust may shall have the right to use Subadviser Property only: (1) to identify Sub-Adviser as the Sub-adviser to a Portfolio as required by law or governmental regulations; (2) in marketing materials for a Portfolio provided that such use is limited to: (a) identifying Sub-Adviser and PIMCO Marks only with the services performed for the Portfolio by prior written approval of the Sub-Adviser; and (b) providing biographical information about the Sub-Adviser that is accurately derived from information provided by or made public by Sub-Adviser or its affiliates; and (3) to name the Portfolio “AXA/Xxxxxxxxx Global Equity Managed Volatility Portfolio.” Any other use of Sub-Adviser Property must be expressly pre-approved in writing by Subadviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effect. Any change in The permission to use the PIMCO Marks is non-exclusive, non-transferable and non-assignable. In obtaining permission to use the PIMCO Marks for this purpose, the Adviser and Fund will acquire no right, title, or interest whatsoever to any approved use of Sub-Adviser Property including, without limitation, change in the name of a Portfolio, requires prior approval in writing by the Sub-AdviserPIMCO Marks. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use the PIMCO Marks. The Adviser and the Trust agree that they will review with the Sub-Adviser Propertyany advertisement, sales literature, or notice prior to its use that makes reference to the PIMCO Marks so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Investment Company Act or other applicable laws and regulations. If the Adviser or the Trust makes any unauthorized use of Sub-Adviser Propertythe PIMCO Marks, the parties acknowledge that the Sub-Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Sub-Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, and any derivative, logo, trademark, service xxxx or trade name of the Sub-Adviser or its affiliates, are the valuable property of the Sub-Adviser and its affiliates.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (1290 Funds)

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USE OF SUB-ADVISER’S NAME. The parties agree that the names of the Sub-Adviser and its affiliates and the Sub-Adviser’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Sub-Adviser Property”) are the valuable property of the Subadviser and its affiliates. The Adviser and the Trust may use Subadviser Property only: (1) to identify Sub-Adviser as the Sub-adviser to a Portfolio as required by law or governmental regulations; (2) in marketing materials for a Portfolio provided that such use is limited to: (a) identifying Sub-Adviser and the services performed for the Portfolio by the Sub-Adviser; and (b) providing biographical information about the Sub-Adviser that is accurately derived from information provided by or made public by Sub-Adviser or its affiliates; and (3) to name the Portfolio “AXA/Xxxxxxxxx Global Equity Managed Volatility Portfolio.” Any other use of Sub-Adviser Property must be expressly pre-approved in writing by Subadviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effect. Any change in any approved use of Sub-Adviser Property including, without limitation, change in the name of a Portfolio, requires prior approval in writing by the Sub-Adviser. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use Sub-Adviser Property. If the Adviser or the Trust makes any unauthorized use of Sub-Adviser Property, the parties acknowledge that the Sub-Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Sub-Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, Adviser and any derivative, logo, trademark, derivative or logo or trademark or service xxxx or trade name of the Sub-Adviser or its affiliates, are the valuable property of the Sub-Adviser and its affiliates. Manager acknowledges that DOUBLELINE® is a registered trademark of Sub-Adviser and agrees that the DOUBLELINE® service xxxx shall be displayed within any materials in which the DoubleLine name is used. The phrase “DoubleLine® is a registered trademark of DoubleLine Capital LP.” shall be included in such materials. The Manager and the Trust shall have the right to use such name(s), derivatives, logos, trademarks or service marks or trade names only with the prior written approval of the Sub-Adviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effect. Upon termination of this Agreement, the Manager and the Trust shall forthwith cease to use such name(s), derivatives, logos, trademarks or service marks or trade names. The Manager and the Trust agree that they will review with the Sub-Adviser any regulatory filing, advertisement, sales literature, or notice prior to its use that makes reference to the Sub-Adviser or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Investment Company Act or other applicable laws and regulations. If the Manager or the Trust makes any unauthorized use of the Sub-Adviser’s names, derivatives, logos, trademarks or service marks or trade names, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are inadequate and thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Eq Advisors Trust)

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