Common use of Covenants of the Sub-Adviser Clause in Contracts

Covenants of the Sub-Adviser. (a) If at any time during the term of this Sub-Advisory Agreement, the Sub-Adviser discovers any fact or omission, or any event or change of circumstances occurs, that would make the Sub-Adviser’s representations and warranties in Section 8 inaccurate or incomplete in any material respect, or which might render the Disclosure Documents untrue or misleading in any material respect, the Sub-Adviser will provide prompt written notification to the Fund and MassMutual of any such fact, omission, event or change of circumstances, and the circumstances related thereto. (b) The Sub-Adviser agrees that, during the term of this Sub-Advisory Agreement, it will provide the Fund and MassMutual with updated information relating to the Sub-Adviser’s performance results for the Fund and for the Sub-Adviser’s Institutional Small Cap composite, as reasonably required from time to time by the Fund and MassMutual (but no more frequently than once per calendar quarter). The Sub-Adviser shall use its best efforts to provide such information within a reasonable period of time after the end of the calendar quarter to which such updated information relates and the information is available to it.