Common use of Proprietary and Confidential Information Clause in Contracts

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 43 contracts

Samples: Fund Administration Servicing Agreement (Ellington Income Opportunities Fund), Transfer Agent Servicing Agreement (Ellington Income Opportunities Fund), Fund Administration Servicing Agreement (AlphaCentric Prime Meridian Income Fund)

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Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholders.

Appears in 34 contracts

Samples: Fund Administration Servicing Agreement (Provident Mutual Funds, Inc.), Transfer Agent Servicing Agreement (RBB Fund, Inc.), Fund Administration Servicing Agreement (Keeley Funds, Inc.)

Proprietary and Confidential Information. USBFS Fund Services agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS Fund Services or any of its employees, agents or representatives, and information that was already in the possession of USBFS Fund Services prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS Fund Services will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 25 contracts

Samples: Transfer Agent Servicing Agreement (Monetta Trust), Fund Administration Servicing Agreement (Monetta Trust), Transfer Agent Servicing Agreement (ETF Managers Group Commodity Trust I)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 25 contracts

Samples: Fund Accounting Servicing Agreement (AlphaCentric Prime Meridian Income Fund), Fund Accounting Servicing Agreement (Bridges Investment Fund Inc), Fund Accounting Servicing Agreement (Tortoise Pipeline & Energy Fund, Inc.)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholders.

Appears in 23 contracts

Samples: Transfer Agent Servicing Agreement (Leuthold Funds Inc), Fund Administration Servicing Agreement (Wisconsin Capital Funds Inc), Transfer Agent Servicing Agreement (Concorde Funds Inc)

Proprietary and Confidential Information. USBFS Fund Services agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS Fund Services or any of its employees, agents or representatives, and information that was already in the possession of USBFS Fund Services prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS Fund Services will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 21 contracts

Samples: Fund Administration Servicing Agreement (Procure ETF Trust I), Fund Administration Servicing Agreement (North Capital Funds Trust), Transfer Agent Servicing Agreement (Pacific Global ETF Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agentTrust, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 18 contracts

Samples: Fund Administration Servicing Agreement (Trust for Professional Managers), Fund Administration Servicing Agreement (Trust for Professional Managers), Fund Administration Servicing Agreement (Trust for Professional Managers)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholders.

Appears in 18 contracts

Samples: Fund Accounting Servicing Agreement (Provident Mutual Funds, Inc.), Fund Accounting Servicing Agreement (Frontegra Funds Inc), Fund Accounting Servicing Agreement (First American Strategy Funds Inc)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 13 contracts

Samples: Transfer Agent Servicing Agreement (Oaktree Diversified Income Fund Inc.), Transfer Agent Servicing Agreement (High Income Securities Fund), Transfer Agent Servicing Agreement (AlphaCentric Prime Meridian Income Fund)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 12 contracts

Samples: Fund Administration Servicing Agreement (Wall Street EWM Funds Trust), Fund Administration Servicing Agreement (FundX Investment Trust), Fund Administration Servicing Agreement (FundX Investment Trust)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholders.

Appears in 11 contracts

Samples: Fund Accounting Servicing Agreement (Concorde Funds Inc), Fund Accounting Servicing Agreement (Needham Funds Inc), Fund Accounting Servicing Agreement (Matrix Advisors Value Fund Inc)

Proprietary and Confidential Information. USBFS Fund Services agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld (i) where USBFS Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS Fund Services or any of its employees, agents or representatives, and information that was already in the possession of USBFS Fund Services prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS Fund Services will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 9 contracts

Samples: Fund Administration Servicing Agreement (ETF Managers Group Commodity Trust I), Fund Administration Servicing Agreement (Teucrium Commodity Trust), Fund Administration Servicing Agreement (ETF Managers Group Commodity Trust I)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, Fund all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders)) including all shareholder trading information, and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other USBFS acknowledges that it may come into possession of material nonpublic information which have become known with respect to the public through no wrongful act Fund and confirms that it has in place effective procedures to prevent the use of USBFS or any such information in violation of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraphapplicable xxxxxxx xxxxxxx laws. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to timetime (the “Act”). In this regardNotwithstanding the foregoing, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed will not share any nonpublic personal information concerning any of the Fund’s shareholders to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to any third party unless specifically directed by the Fund and its shareholdersor allowed under one of the exceptions noted under the Act.

Appears in 8 contracts

Samples: Fund Accounting Servicing Agreement (Bain Capital Private Credit), Form of Administration Servicing Agreement (Pharos Capital BDC, Inc.), Fund Accounting Servicing Agreement (Bdca Venture, Inc.)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 8 contracts

Samples: Transfer Agent Servicing Agreement (Oaktree Diversified Income Fund Inc.), Fund Accounting Servicing Agreement (Oaktree Diversified Income Fund Inc.), Fund Accounting Servicing Agreement (Oaktree Diversified Income Fund Inc.)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholdersshareholders and shall comply with the Gxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Appears in 7 contracts

Samples: Transfer Agent Servicing Agreement (Torray Fund), Transfer Agent Servicing Agreement (Series Portfolios Trust), Fund Administration Servicing Agreement (Series Portfolios Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 6 contracts

Samples: Fund Administration Servicing Agreement (FundX Investment Trust), Fund Administration Servicing Agreement (YCG Funds), Fund Administration Servicing Agreement (Academy Funds Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCorporation, all records and other information relative to the Fund Corporation and prior, present, or potential shareholders of the Fund Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCorporation, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCorporation. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Corporation or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Corporation pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Corporation and its shareholders.

Appears in 5 contracts

Samples: Transfer Agent Servicing Agreement (Wilshire Mutual Funds Inc), Fund Administration Servicing Agreement (Wilshire Mutual Funds Inc), Transfer Agent Servicing Agreement (Monetta Fund Inc)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundBIM , which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundBIM. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund BIM or its agentagents, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund BIM pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to BIM or the Fund and its shareholders.

Appears in 5 contracts

Samples: Sub Administration Servicing Agreement (Brookfield Real Assets Income Fund Inc.), Sub Administration Servicing Agreement (Brookfield High Income Fund Inc.), Sub Administration Servicing Agreement (Brookfield Mortgage Opportunity Income Fund Inc.)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundFunds, all records and other information relative to the Fund Funds and prior, present, or potential shareholders of the Fund Funds (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundFunds, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundFunds. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Funds or its their agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Funds pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Funds and its their shareholders.

Appears in 4 contracts

Samples: Fund Administration Servicing Agreement (Salient MLP & Energy Infrastructure Fund), Transfer Agent Servicing Agreement (Salient MLP & Energy Infrastructure Fund), Fund Administration Servicing Agreement (Salient MLP & Energy Infrastructure Fund)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrusts, all records and other information relative to the Fund Trusts and prior, present, or potential shareholders of the Fund Trusts (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundMadison, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundMadison. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Madison or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by Madison and the Fund Trusts pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trusts and its its’ shareholders.

Appears in 4 contracts

Samples: Transfer Agent Servicing Agreement (Madison Mosaic Government Money Market), Transfer Agent Servicing Agreement (Madison Mosaic Tax-Free Trust), Transfer Agent Servicing Agreement (Madison Mosaic Equity Trust)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCorporation, all records and other information relative to the Fund Corporation and prior, present, or potential shareholders of the Fund Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCorporation, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCorporation. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Corporation or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Corporation pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Corporation and its shareholders.

Appears in 4 contracts

Samples: Fund Accounting Servicing Agreement (Perritt Funds Inc), Fund Accounting Servicing Agreement (Wilshire Mutual Funds Inc), Fund Accounting Servicing Agreement (Wall Street Fund Inc)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agentTrust, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 4 contracts

Samples: Fund Administration Servicing Agreement (Trust for Professional Managers), Fund Administration Servicing Agreement (Trust for Professional Managers), Fund Administration Servicing Agreement (Trust for Professional Managers)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholders.

Appears in 3 contracts

Samples: Fund Administration Servicing Agreement (Matrix Advisors Value Fund Inc), Fund Administration Servicing Agreement (Perritt Funds Inc), Fund Administration Servicing Agreement (Provident Mutual Funds, Inc.)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested required to divulge such information by duly constituted governmental or regulatory authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as such may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 3 contracts

Samples: Form of Transfer Agent Servicing Agreement (DoubleLine Funds Trust), Fund Administration Servicing Agreement (DoubleLine Funds Trust), Fund Administration Servicing Agreement (DoubleLine Funds Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Appears in 3 contracts

Samples: Transfer Agent Servicing Agreement (Trust for Advised Portfolios), Fund Administration Servicing Agreement (Trust for Credit Unions), Fund Administration Servicing Agreement (Manager Directed Portfolios)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCorporation, all records and other information relative to the Fund Corporation and prior, present, or potential shareholders of the Fund Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCorporation, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCorporation. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Corporation or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Corporation pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Corporation and its shareholders.

Appears in 3 contracts

Samples: Fund Accounting Servicing Agreement (Jacob Funds Inc.), Fund Accounting Servicing Agreement (Perritt Funds Inc), Fund Accounting Servicing Agreement (Perritt Microcap Opportunities Fund Inc)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders. This provision shall survive the termination of the Agreement.

Appears in 2 contracts

Samples: Fund Administration Servicing Agreement (South Point Floating Rate Income Fund), Transfer Agent Servicing Agreement (South Point Floating Rate Income Fund)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except except: (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, ; (ii) when requested to divulge such information by duly constituted authorities, ; or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust), Transfer Agent Servicing Agreement (Stone Ridge Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its current or former shareholders.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Greenspring Fund Inc), Fund Administration Servicing Agreement (Greenspring Fund Inc)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Appears in 2 contracts

Samples: Fund Administration Servicing Agreement (RBB Fund, Inc.), Fund Administration Servicing Agreement (RBB Fund, Inc.)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Execution Copy Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (FBR Funds), Fund Administration Servicing Agreement (FBR Funds)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (RBB Fund, Inc.), Fund Accounting Servicing Agreement (RBB Fund, Inc.)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGraxx-Xxxxx-Xxxxxx ActXxt, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Trust for Professional Managers), Transfer Agent Servicing Agreement (Trust for Professional Managers)

Proprietary and Confidential Information. USBFS A. USBGFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the each Fund, all records and other information relative to the such Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the applicable Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundFund in writing. Records and other information which have become known to the public through no wrongful act of USBFS USBGFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS USBGFS prior to receipt thereof from the Fund or its agentagents, shall not be subject to this paragraph. Further, USBFS USBGFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the each Fund and its shareholders.

Appears in 2 contracts

Samples: Fund Administration Servicing Agreement (Nicholas Fund, Inc.), Fund Administration Servicing Agreement (Nicholas Equity Income Fund, Inc.)

Proprietary and Confidential Information. USBFS Fund Services agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS Fund Services or any of its employees, agents or representatives, and information that was already in the possession of USBFS Fund Services prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS Fund Services will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx Bliley Act and any state laws concerning privacy.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (RBB Fund, Inc.), Fund Administration Servicing Agreement (RBB Fund, Inc.)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to timetx xxxx. In this Xx xxxx regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Academy Funds Trust), Fund Administration Servicing Agreement (Academy Funds Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.. 2016

Appears in 2 contracts

Samples: Fund Administration Servicing Agreement (Matrix Advisors Funds Trust), Transfer Agent Servicing Agreement (Matrix Advisors Funds Trust)

Proprietary and Confidential Information. USBFS Quasar agrees on behalf of itself and its directorsmanagers, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, present or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS Quasar may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS Quasar or any of its employees, agents or representatives, and information that was already in the possession of USBFS Quasar prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS Quasar will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS Quasar shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 2 contracts

Samples: Services Agreement (SCS Hedged Opportunities (1099) Fund, LLC), Distribution Agreement (South Point Floating Rate Income Fund)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its current or former shareholders.

Appears in 2 contracts

Samples: Fund Administration Servicing Agreement (Greenspring Fund Inc), Transfer Agent Servicing Agreement (Greenspring Fund Inc)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested in writing by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 2 contracts

Samples: Fund Administration Servicing Agreement (Angel Oak Funds Trust), Transfer Agent Servicing Agreement (Angel Oak Funds Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundFunds, all records and other information relative to the Fund Funds and prior, present, or potential shareholders of the Fund Funds (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundFunds, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundFunds. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the each Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Funds pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the each Fund and its shareholders.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Cushing MLP Infrastructure Fund II), Transfer Agent Servicing Agreement (Cushing MLP Infrastructure Master Fund)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundFunds, all records and other information relative to the Fund Funds and prior, present, or potential shareholders of the Fund Funds (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundFunds, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundFunds. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Funds or its their agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Funds pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Salient MLP & Energy Infrastructure Fund), Fund Accounting Servicing Agreement (Salient MLP & Energy Infrastructure Fund)

Proprietary and Confidential Information. USBFS USBGFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS USBGFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS USBGFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS USBGFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 2 contracts

Samples: Form of Transfer Agent Servicing Agreement (Ellington Income Opportunities Fund), Administration Servicing Agreement (Ellington Income Opportunities Fund)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its current or former shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Greenspring Fund Inc)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its current or former shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Greenspring Fund Inc)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In addition, USBFS will comply with any other limitations or restrictions on disclosure of portfolio holdings or other information of the Trust set forth in the prospectuses and statement of additional information. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Steben Alternative Investment Funds)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx ActBlilxx Xxx, as may be xx xxx xx modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Administration and Accounting Servicing Agreement (Citigroup Alternative Investments Trust)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the each Fund, all records and other information relative to the each Fund and prior, present, or potential shareholders of the each Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the each Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the each Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the each Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the each Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In addition, USBFS will comply with any other limitations or restrictions on disclosure of portfolio holdings or other information of each Fund set forth in each Fund’s prospectuses and statements of additional information. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the each Fund and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Steben Select Multi-Strategy Master Fund)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Aegis Funds)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified xx xxx xx xxxxxxxd from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Citigroup Alternative Investments Trust)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Torray Fund)

Proprietary and Confidential Information. USBFS A. USBGFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS USBGFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS USBGFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS USBGFS prior to receipt thereof from the Fund or its agentagents or service providers, shall not be subject to this paragraph. Further, USBFS USBGFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS USBGFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 1 contract

Samples: Accounting Servicing Agreement (Ellington Income Opportunities Fund)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, or other applicable laws, rules or regulations, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Aegis Value Fund Inc)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except except: (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, ; (ii) when requested to divulge such information by duly constituted authorities, ; or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Stone Ridge Trust)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGrxxx-Xxxxx-Xxxxxx ActXct, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Miller/Howard Funds Trust)

Proprietary and Confidential Information. USBFS Fund Services agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS Fund Services or any of its employees, agents or representatives, and information that was already in the possession of USBFS Fund Services prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Execution Version Further, USBFS Fund Services will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (StrongVest ETF Trust)

Proprietary and Confidential Information. USBFS MFAC agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS MFAC may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS MFAC or any of its employees, agents or representatives, and information that was already in the possession of USBFS MFAC prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS MFAC will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS MFAC shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Guinness Atkinson Funds)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrusts, all records and other information relative to the Fund Trusts and prior, present, or potential shareholders of the Fund Trusts (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundMadison, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundMadison. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agentMadison, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by Madison and the Fund Trusts pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trusts and its its’ shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Mosaic Equity Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders, and USBFS will notify the Trust and its shareholders of a breach as provided in the privacy policies.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (GuideStone Funds)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCorporation, all records and other information relative to the Fund Corporation and prior, present, or potential shareholders of the Fund Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCorporation, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCorporation. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Corporation or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Corporation pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Corporation and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Kinetics Mutual Funds Inc)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In addition, USBFS will comply with any other limitations or restrictions on disclosure of portfolio holdings or other information of each Fund set forth in each Fund’s prospectuses and statements of additional information. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Steben Alternative Investment Funds)

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Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except except: (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, ; (ii) when requested to divulge such information by duly constituted authorities, ; or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Stone Ridge Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and which may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representativesact, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (North Square Investments Trust)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Xxxxxx-Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (EntrepreneurShares Series Trust)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, Trust all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (PRIMECAP Odyssey Funds)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as they may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (USFS Funds Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Aegis Value Fund Inc)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Concorde Funds Inc)

Proprietary and Confidential Information. USBFS Fund Services agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS Fund Services or any of its employees, agents or representatives, and information that was already in the possession of USBFS Fund Services prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS Fund Services will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGrxxx-Xxxxx-Xxxxxx ActXct, as may be modified from time to time. In this regard, USBFS Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Procure ETF Trust I)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to timetime (“the Act”). In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholders. Notwithstanding the foregoing, USBFS will not share any nonpublic personal information concerning any of the Company’s shareholders with any third party unless specifically directed by the Company or allowed under one of the exceptions noted under the Act.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (TCW Galileo Funds Inc)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, ,USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Agreement (Genworth Financial Asset Management Funds)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the a Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust,, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholdersshareholders and shall comply with the Gxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Torray Fund)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agentagent(s), shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Mairs and Power Funds Trust (Mairs & Power Funds Trust)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx Xxxxxx Act and any state laws concerning privacy.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Trust for Credit Unions)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.. Exhibit (h)(3)(b)

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Ambassador Funds)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agentagents or service providers, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Ellington Income Opportunities Fund)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where when USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which that have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Quaker Investment Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known !mown to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or Trust 01· its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Praxis Mutual Funds)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, Trust all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any trading or other purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agentagents, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Brandes Investment Trust)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundManager, all records and other information relative to the Fund Manager and prior, present, or potential shareholders of the Fund Manager (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundManager, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundManager. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Manager or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Manager pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Manager and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Bridges Investment Fund Inc)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the each Fund, all records and other information relative to the each Fund and prior, present, or potential shareholders of the each Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the each Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the each Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the each Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the each Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In addition, USBFS will comply with any other limitations or restrictions on disclosure of portfolio holdings or other information of each Fund set forth in each Fund’s prospectuses and statements of additional information. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the each Fund and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Steben Select Multi-Strategy Master Fund)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested required to divulge such information by duly constituted governmental or regulatory authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant and to Title V of the Xxxxx-Xxxxx-Xxxxxx ActAct and other applicable laws, rules or regulations, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Cohen & Steers MLP & Energy Opportunity Fund, Inc.)

Proprietary and Confidential Information. USBFS Quasar agrees on behalf of itself and its directorsmanagers, officers, and employees to treat confidentially and as proprietary information of the Fund, all records and other information relative to the Fund and prior, present, present or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS Quasar may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS Quasar or any of its employees, agents or representatives, and information that was already in the possession of USBFS Quasar prior to receipt thereof from the Fund or its agent, shall not be subject to this paragraph. Further, USBFS Quasar will adhere to the privacy policies adopted by the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS Quasar shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 1 contract

Samples: Services Agreement (SCS Hedged Opportunities Fund, LLC)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Manager Directed Portfolios)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, ; (ii) when requested to divulge such information by duly constituted authorities, ; or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (PRIMECAP Odyssey Funds)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Concorde Funds Inc)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, in which case such approval may not be unreasonably withheld, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (North Square Investments Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholdersshareholders and shall comply with the Gxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Leuthold Funds Inc)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. 2016 Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Matrix Advisors Funds Trust)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where when USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which that have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Quaker Investment Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of TAM or the Fund’s business, all records and other information relative to TAM and the Fund Funds and prior, present, or potential shareholders of the Fund Funds (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTAM, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTAM. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund TAM or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund TAM pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to TAM or the Fund Funds and its shareholders.

Appears in 1 contract

Samples: Fund Sub Administration Servicing Agreement (Tocqueville Trust)

Proprietary and Confidential Information. USBFS Quasar agrees on behalf of itself and its directorsmanagers, officers, employees, representatives and employees affiliates to treat confidentially and as proprietary information of the Fund, all records and other information relative relating to the Fund and prior, present, present or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS Quasar may be exposed to civil or criminal contempt proceedings for failure to comply, or (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Fund. Records and other information which have become known to the public through no wrongful act of USBFS Quasar or any of its employees, agents or representatives, and information that was already in the possession of USBFS Quasar prior to receipt thereof from the Fund or its agentnot otherwise subject to a confidentiality agreement, shall not be subject to this paragraph. Further, USBFS Quasar will adhere to the privacy policies adopted by the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS Quasar shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to comply with all applicable state and federal privacy laws and to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund and its shareholders.

Appears in 1 contract

Samples: Communication Administration Agreement (DoubleLine Income Solutions Fund)

Proprietary and Confidential Information. USBFS Platform Services agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS Platform Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS Platform Services or any of its employees, agents or representatives, and information that was already in the possession of USBFS Platform Services prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS Platform Services will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS Platform Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Platform Services Administration Agreement (Exchange Traded Concepts Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, Trust all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any trading or other purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, agents shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Brandes Investment Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders, and shall comply with all other applicable laws and regulations relating to the confidentiality of information.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (North Square Investments Trust)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, Trust all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Brandes Investment Trust)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGramm-XxxxxLeaxx-Xxxxxx ActXxx, as xx may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Horizon Funds)

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundTrust, all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx ActXxx, as may xx xxy be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Trust for Professional Managers)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the FundCompany, all records and other information relative to the Fund Company and prior, present, or potential shareholders of the Fund Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundCompany, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the FundCompany. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Company or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Company pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be xx xxx xx modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Company and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Keeley Funds, Inc.)

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of the Fund, Trust all records and other information relative to the Fund Trust and prior, present, or potential shareholders of the Fund Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the FundTrust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, ; (ii) when requested to divulge such information by duly constituted authorities, ; or (iii) when so requested by the FundTrust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from the Fund Trust or its agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by the Fund Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Fund Trust and its shareholders.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (PRIMECAP Odyssey Funds)

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