Track Record Clause Samples

Track Record. Notwithstanding anything else to the contrary herein, the Investment Manager shall retain a right to use the investment performance and track record of the Fund (including in marketing materials) to the extent permitted by law. Further, for the avoidance of doubt, the Investment Manager shall be entitled to retain a copy and use records of each of its transactions and other records pertaining to the Fund as are necessary to support any such uses of the investment performance and track record.

Track Record. The parties and the Fund each agree that, to the extent permitted under applicable law, the Subadviser shall have the right to use performance data it generates in connection with the Subadviser Assets (including through use of copies of the Fund’s books and records, including, without limitation, the investment records and ledgers required to be maintained by Rule 31a-1 under the 1940 Act, generated by the Subadviser) for its track record.

Track Record list of clients for similar services as those required by UNDP, indicating description of contract scope, contract duration, contract value, contact references;

Track Record. The track record and other performance information of the Members shall be the property of the Trading Manager and not the Trading Advisor.

Track Record list of clients for similar services, indicating description of contract scope, contract duration, contract value, contact references;

Track Record. The track record and other performance information of the Trading Company and/or Fund(s) shall be the property of the Managing Member and not the Trading Advisor. Trading Advisor may use performance results of the Allocated Net Assets for inclusion in its composite performance results.

Track Record. The track record and other performance information of the Members shall be the property of the Trading Manager and not the Trading Advisor; provided, however, that the Trading Advisor may report of the past performance of the Trading Company either on a stand alone basis or as part of a composite performance table as may be required by the CEAct, the rules of the CFTC and/or the rules or regulations of any relevant regulatory or self-regulatory body.

Track Record. Notwithstanding anything else to the contrary herein, the Adviser shall retain a right to use the investment performance and track record of the Fund (including in marketing materials) to the extent permitted by law. Further, for the avoidance of doubt, the Adviser shall be entitled to retain a copy and use records of each of its transactions and other records pertaining to the Fund as are necessary to support any such uses of the investment performance and track record.

Track Record. The parties agree that following a termination of Executive’s employment with the Company Executive shall be permitted to use or disclose historic performance data relating to any publicly or privately offered pooled investment funds or other investment partnerships or vehicles which are managed by the Company or any of its subsidiaries and with respect to which Executive had management, executive or investment responsibility (collectively, the “Track Record”), provided that such use and disclosure shall be solely for the purpose of (a) seeking an employment opportunity, other than in an employment role that would constitute Prohibited Competition Activity, (b) seeking a co-investor or joint venture relationship with third parties, including in an investment management business, but excluding any business that would constitute Prohibited Competition Activity or (c) performing Investment Management Services, other than Investment Management Services that would constitute a Prohibited Competition Activity. Notwithstanding anything herein or elsewhere to the contrary, Executive shall not be in breach of any restrictive covenants governing confidentiality or nondisclosure on account of his permitted use and disclosure of historic performance data pursuant to the preceding sentence. For purposes of the foregoing provisions, the terms Prohibited Competition Activity and Investment Management Services shall have the meanings attributed to such terms under the Exchange Agreement among the parties dated [___], 2009. For the avoidance of doubt, nothing contained herein shall limit the right of Company, its subsidiaries and their successors from disclosing and using the Track Record as they deem fit in their sole discretion.