Common use of Use of Subadvisor Trademark, etc Clause in Contracts

Use of Subadvisor Trademark, etc. (i) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered ▇▇▇▇ or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (ii) The Adviser acknowledges and agrees that the Subadviser’s name, the Intrinsic Edge Plus Strategy and all information provided by the Subadviser under this Agreement is and shall remain the exclusive property of the Subadviser and that, upon the termination of this Agreement, the Adviser, the Fund and the Trust shall cease using the Subadviser’s name, trademark, the Intrinsic Edge Plus Strategy and all other information provided by the Subadviser hereunder, in advertising or marketing materials or otherwise (including, without limitation, the Prospectus and the SAI). Notwithstanding the foregoing, the Adviser will be permitted sufficient time to remove such references from disclosure documents and permitted to keep and use materials that are required to be maintained in order to allow the Adviser to comply with regulatory requirements (e.g., recordkeeping).

Use of Subadvisor Trademark, etc. (i) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered ▇▇▇▇ or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (ii) The Adviser acknowledges and agrees that the Subadviser’s name, the Intrinsic Edge Plus Small Cap Strategy and all information provided by the Subadviser under this Agreement is and shall remain the exclusive property of the Subadviser and that, upon the termination of this Agreement, the Adviser, the Fund and the Trust shall cease using the Subadviser’s name, trademark, the Intrinsic Edge Plus Small Cap Strategy and all other information provided by the Subadviser hereunder, in advertising or marketing materials or otherwise (including, without limitation, the Prospectus and the SAI). Notwithstanding the foregoing, the Adviser will be permitted sufficient time to remove such references from disclosure documents and permitted to keep and use materials that are required to be maintained in order to allow the Adviser Advisor to comply with regulatory requirements (e.g., recordkeeping).