Common use of Use of Confidential Information and Data Clause in Contracts

Use of Confidential Information and Data. Subject to this Section B and to Section C below, all Confidential Information provided under this Agreement by the Disclosing Party shall be used by the Receiving Party solely for the purpose of performing or receiving the services, as applicable, pursuant to this Agreement or otherwise discharging its obligations under this Agreement. The Custodian and/or its Affiliates may use any Confidential Information of each Fund, including data regarding transactions and portfolio holdings relating to each Fund, obtained by such entities in the performance of their services under this Agreement or any other agreement between each Fund and the Custodian or one of its Affiliates (collectively, “Data”), to develop, publish or otherwise distribute to third parties certain investor behavior “indicators” or “indices” that represent broad trends in the flow of investment funds into various markets, sectors or investment instruments (collectively, the “Indicators”), but only so long as (i) the Data is combined or aggregated with (A) information of other customers of the Custodian and/or (B) information derived from other sources, in each case such that the Indicators do not allow for attribution or identification of such Data with each Fund, (ii) the Data represents less than a statistically meaningful portion of all of the data used to create the Indicators and (iii) the Custodian publishes or otherwise distributes to third parties only the Indicators and under no circumstance publishes, makes available, distributes or otherwise discloses any of the Data to any third party, whether aggregated, anonymized or otherwise, except as expressly permitted under this Agreement. Each Fund acknowledges that the Custodian may seek to realize economic benefit from the publication or distribution of the Indicators.

Use of Confidential Information and Data. Subject to this Section B 9.2 and to Section C 9.3 below, all Confidential Information provided under this Agreement by the Disclosing Party shall be used by the Receiving Party solely for the purpose of performing or receiving the services, as applicable, pursuant to this Agreement or otherwise discharging its obligations under this Agreement. The Custodian Transfer Agent and/or its Affiliates may use any Confidential Information of each Fundthe Trust or the Funds, including data regarding transactions and portfolio holdings relating to each Fundthe Trust or the Funds, obtained by such entities in the performance of their services under this Agreement or any other agreement between each Fund the Trust and the Custodian Transfer Agent or one of its Affiliates Affiliates, (collectively, “Data”), to develop, publish or otherwise distribute to third parties certain investor behavior “indicators” or “indices” that represent broad trends in the flow of investment funds into various markets, sectors or investment instruments (collectively, the “Indicators”), but only so long as (i) the Data is combined or aggregated with (A) information of other customers of the Custodian Transfer Agent and/or (B) information derived from other sources, in each case such that the Indicators do not allow for attribution or identification of such Data with each Fundthe Trust or the Funds, (ii) the Data represents less than a statistically meaningful portion of all of the data used to create the Indicators and (iii) the Custodian Transfer Agent publishes or otherwise distributes to third parties only the Indicators and under no circumstance publishes, makes available, distributes or otherwise discloses any of the Data to any third party, whether aggregated, anonymized or otherwise, except as expressly permitted under this Agreement. Each Fund The Trust acknowledges that the Custodian Transfer Agent may seek to realize economic benefit from the publication or distribution of the Indicators.