Nationwide Fund Distributors LLC 1000 Continental Drive, Suite 400 King of Prussia, PA 19406

EX-28.h.10

Nationwide Fund Distributors LLC
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May 1, 2010

Nationwide Variable Insurance Trust
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Re:		12b-1 Fee Waiver

Ladies and Gentlemen:

     By our execution of this letter agreement (the “Agreement”), intending to be legally bound hereby, Nationwide Fund Distributors LLC (the “Distributor”) agrees that, with respect to the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ NVIT Socially Responsible Fund (the “Fund”), a series of Nationwide Variable Insurance Trust, the Distributor shall waive a portion of the Rule 12b-1 fee for the Class II Shares of the Fund in an amount equal to 0.16% for the period from the date of this Agreement through April 30, 2011. The Distributor acknowledges that it shall not be entitled to collect on, or make a claim for, waived fees at any time in the future.

Your signature below acknowledges
acceptance of this Agreement:

Nationwide Variable Insurance Trust