Common use of Representations Respecting Sub-Adviser Clause in Contracts

Representations Respecting Sub-Adviser. The Manager and the Trust agree that neither the Trust, the Manager, nor affiliated persons of the Trust or the Manager shall give any information or make any representations or statements in connection with the sale of shares of the Series concerning the Sub-Adviser or the Series other than the information or representations contained in the Registration Statement, prospectus, or statement of additional information for the Trust shares, as they may be amended or supplemented from time to time, or in reports or proxy statements for the Trust, or in sales literature or other promotional material approved in advance by the Sub-Adviser, except with the prior permission of the Sub-Adviser. The parties agree that in the event that the Manager or an affiliated person of the Manager sends sales literature or other promotional material to the Sub-Adviser for its approval and the Sub-Adviser has not commented within three (3) days, the Manager and its affiliated persons may use and distribute such sales literature or other promotional material, although, in such event, the Sub-Adviser shall not be deemed to have approved of the contents of such sales literature or other promotional material.