Common use of Reference to Adviser and Subadviser Clause in Contracts

Reference to Adviser and Subadviser. (a) Neither the Adviser nor any Affiliate or agent of the Adviser shall make reference to or use the name of Subadviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Subadviser to the Fund, which references shall not differ in substance from those included in the Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Subadviser, which approval shall not be unreasonably withheld or delayed. The Adviser hereby agrees to make all reasonable efforts to cause the Fund and any Affiliate thereof to satisfy the foregoing obligation. (b) Neither the Subadviser nor any Affiliate or agent of it shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation. Notwithstanding the foregoing, neither the Subadviser nor its Affiliates shall identify the Adviser, the Fund or the Trust in any responses to requests for information/proposals without the prior written consent of the Adviser. (c) Nothing in this Section 13 shall be construed as preventing, or requiring consent for, the use of the name of the other party or its Affiliates, or clients, in any disclosures required by applicable law. (d) The Subadviser shall give the Trust, for the term of this Agreement, a royalty free, nonexclusive, nontransferable right to use the name “Federated” (hereinafter referred to as a “▇▇▇▇”) in the United States as part of the name of the series of the Trust identified on Exhibit A, provided the use of such names is approved by the Subadviser in advance in writing. Such right does not include the right to allow third parties to use the ▇▇▇▇ except as specifically provided in this Agreement. Neither the Trust (or its series) nor the Adviser shall retain any right to use of the ▇▇▇▇ after the termination of this Agreement. Upon termination of this Agreement, the Adviser will (and will cause the Trust (and its series) to) immediately terminate all use of the ▇▇▇▇ and destroy any remaining unused sales documentation, promotional, marketing, advertising or other written printed or electronic material or performance information that contains the ▇▇▇▇. The Adviser agrees to use its best efforts to ensure that the nature and quality of the services rendered in connection with the ▇▇▇▇ shall conform to the terms of this Agreement and any amendments thereto. The Adviser further agrees (and to cause the Trust (and its series)) to comply with any reasonable requirements for the use of the ▇▇▇▇ provided from time to time by the Subadviser to the Adviser or the Trust in writing.

Appears in 2 contracts

Sources: Subadvisory Agreement (Nationwide Mutual Funds), Subadvisory Agreement (Nationwide Mutual Funds)

Reference to Adviser and Subadviser. (a) Neither the Adviser nor any Affiliate or agent of the Adviser shall make reference to or use the name of Subadviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Subadviser to the Fund, which references shall not differ in substance from those included in the Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Subadviser, which approval shall not be unreasonably withheld or delayed. The Adviser hereby agrees to make all reasonable efforts to cause the Fund and any Affiliate thereof to satisfy the foregoing obligation. (b) Neither the Subadviser nor any Affiliate or agent of it shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Adviser hereby consents to Subadviser’s use of the name of the Adviser on its client list and during one-on-one presentations. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation. Notwithstanding the foregoing, neither the Subadviser nor its Affiliates shall identify the Adviser, the Fund or the Trust in any responses to requests for information/proposals without the prior written consent of the Adviser. (c) Nothing in this Section 13 shall be construed as preventing, or requiring consent for, the use of the name of the other party or its Affiliates, or clients, in any disclosures required by applicable law. (d) The Subadviser shall give the Trust, for the term of this Agreement, a royalty free, nonexclusive, nontransferable right to use the name “Federated” (hereinafter referred to as a “▇▇▇▇”) in the United States as part of the name of the series of the Trust identified on Exhibit A, provided the use of such names is approved by the Subadviser in advance in writing. Such right does not include the right to allow third parties to use the ▇▇▇▇ except as specifically provided in this Agreement. Neither the Trust (or its series) nor the Adviser shall retain any right to use of the ▇▇▇▇ after the termination of this Agreement. Upon termination of this Agreement, the Adviser will (and will cause the Trust (and its series) to) immediately terminate all use of the ▇▇▇▇ and destroy any remaining unused sales documentation, promotional, marketing, advertising or other written printed or electronic material or performance information that contains the ▇▇▇▇. The Adviser agrees to use its best efforts to ensure that the nature and quality of the services rendered in connection with the ▇▇▇▇ shall conform to the terms of this Agreement and any amendments thereto. The Adviser further agrees (and to cause the Trust (and its series)) to comply with any reasonable requirements for the use of the ▇▇▇▇ provided from time to time by the Subadviser to the Adviser or the Trust in writing.October 2018 13

Appears in 1 contract

Sources: Subadvisory Agreement (Nationwide Variable Insurance Trust)

Reference to Adviser and Subadviser. (a) Neither the Adviser nor any Affiliate or agent of the Adviser shall make reference to or use the name of Subadviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Subadviser to the Fund, which references shall not differ in substance from those included in the Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Subadviser, which approval shall not be unreasonably withheld or delayed. The Adviser hereby agrees to make all reasonable efforts to cause the Fund and any Affiliate thereof to satisfy the foregoing obligation. (b) Neither the Subadviser nor any Affiliate or agent of it shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the October 2017 14 Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed, provided that the Adviser hereby consents to the Subadviser referencing the Adviser and the Fund on a representative client list and any other reference which merely refers in accurate terms to the appointment of the Sub-Adviser hereunder. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation. Notwithstanding the foregoing, neither the Subadviser nor its Affiliates shall identify the Adviser, the Fund or the Trust in any responses to requests for information/proposals without the prior written consent of the Adviser. (c) Nothing in this Section 13 shall be construed as preventing, or requiring consent for, the use of the name of the other party or its Affiliates, or clients, in any disclosures required by applicable law. (d) The Subadviser shall give the Trust, for the term of this Agreement, a royalty free, nonexclusive, nontransferable right to use the name “Federated” (hereinafter referred to as a “▇▇▇▇”) in the United States as part of the name of the series of the Trust identified on Exhibit A, provided the use of such names is approved by the Subadviser in advance in writing. Such right does not include the right to allow third parties to use the ▇▇▇▇ except as specifically provided in this Agreement. Neither the Trust (or its series) nor the Adviser shall retain any right to use of the ▇▇▇▇ after the termination of this Agreement. Upon termination of this Agreement, the Adviser will (and will cause the Trust (and its series) to) immediately terminate all use of the ▇▇▇▇ and destroy any remaining unused sales documentation, promotional, marketing, advertising or other written printed or electronic material or performance information that contains the ▇▇▇▇. The Adviser agrees to use its best efforts to ensure that the nature and quality of the services rendered in connection with the ▇▇▇▇ shall conform to the terms of this Agreement and any amendments thereto. The Adviser further agrees (and to cause the Trust (and its series)) to comply with any reasonable requirements for the use of the ▇▇▇▇ provided from time to time by the Subadviser to the Adviser or the Trust in writing.

Appears in 1 contract

Sources: Subadvisory Agreement (Nationwide Mutual Funds)