Common use of Capital Appreciation Value Fund Clause in Contracts

Capital Appreciation Value Fund. The Subadviser shall serve as subadviser for the Portfolio of the Trust listed below. The Adviser will pay the Subadviser, as full compensation for all services provided under this Agreement with respect to the Portfolio, the fee computed separately for such Portfolio at an annual rate as follows (the “Subadviser Fee”): If Aggregate Net Assets are less than $500 million, the following fee schedule shall apply: Portfolio First $250 million of Aggregate Net Assets* Excess Over $250 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% If Aggregate Net Assets equal or exceed $500 million but are less than $2 billion, the following fee schedule shall apply: Portfolio First $1 billion of Aggregate Net Assets* Excess Over $1 billion of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% If Aggregate Net Assets equal or exceed $2 billion but are less than $3 billion, the following fee schedule shall apply: Portfolio First $500 million of Aggregate Net Assets* Excess Over $500 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% If Aggregate Net Assets equal or exceed $3 billion, the following fee schedule shall apply: Portfolio All Asset Levels Capital Appreciation Value Fund XXX% *The term Aggregate Net Assets for a given day includes the net assets of a Portfolio of the Trust, as indicated below, managed by the Subadviser. It also includes with respect to each Portfolio the net assets of one or more other portfolios as indicated below managed by the Subadviser, but in each case only for the period during which the Subadviser for the Portfolio also serves as the subadviser for the other portfolio(s). For purposes of determining Aggregate Net Assets and calculating the Subadviser Fee for a given day, the net assets of the Portfolio and each other portfolio of the Trust are determined by the custodian or fund accountant as of the close of business on the previous business day of the Trust, and the net assets of each other portfolio are determined as of the close of business on the previous business day of that other portfolio.

Capital Appreciation Value Fund. The Subadviser shall serve as subadviser for the Portfolio of the Trust listed below. The Adviser will pay the Subadviser, as full compensation for all services provided under this Agreement with respect to the Portfolio, the fee computed separately for such Portfolio at an annual rate as follows (the “Subadviser Fee”): If Aggregate Net Assets are less than $500 million, the following fee schedule shall apply: Portfolio First $250 million of Aggregate Net Assets* Excess Over $250 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% XXX % XXX % If Aggregate Net Assets equal or exceed $500 million but are less than $2 billion, the following fee schedule shall apply: Portfolio First $1 billion of Aggregate Net Assets* Excess Over $1 billion of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% XXX % XXX % If Aggregate Net Assets equal or exceed $2 billion but are less than $3 billion, the following fee schedule shall apply: Portfolio First $500 million of Aggregate Net Assets* Excess Over $500 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% XXX % XXX % If Aggregate Net Assets equal or exceed $3 billion, the following fee schedule shall apply: Portfolio All Asset Levels Capital Appreciation Value Fund XXX% *XXX % * The term Aggregate Net Assets for a given day includes the net assets of a Portfolio of the Trust, as indicated below, managed by the Subadviser. It also includes with respect to each Portfolio the net assets of one or more other portfolios as indicated below managed by the Subadviser, but in each case only for the period during which the Subadviser for the Portfolio also serves as the subadviser for the other portfolio(s). For purposes of determining Aggregate Net Assets and calculating the Subadviser Fee for a given day, the net assets of the Portfolio and each other portfolio of the Trust are determined by the custodian or fund accountant as of the close of business on the previous business day of the Trust, and the net assets of each other portfolio are determined as of the close of business on the previous business day of that other portfolio. Trust Portfolio(s) Other Portfolio(s) Capital Appreciation Value Fund Capital Appreciation Value Trust, a series of Xxxx Xxxxxxx Variable Insurance Trust The Subadviser Fee for the Portfolio shall be accrued for each calendar day, and the sum of the daily fee accruals shall be paid monthly to the Subadviser within 30 calendar days of the end of each month. The Adviser shall provide Subadviser with such information as Subadviser may reasonably request supporting the calculation of the fees paid to it hereunder. Fees shall be paid either by wire transfer or check, as directed by Xxxxxxxxxx. If, with respect to the Portfolio, this Agreement becomes effective or terminates, or if the manner of determining the Applicable Annual Fee Rate changes, before the end of any month, the fee (if any) for the period from the effective date to the end of such month or from the beginning of such month to the date of termination or from the beginning of such month to the date of such change, as the case may be, shall be prorated according to the proportion which such period bears to the full month in which such effectiveness or termination or change occurs.

Capital Appreciation Value Fund. The Subadviser shall serve as subadviser for the Portfolio of the Trust listed below. The Adviser will pay the Subadviser, as full compensation for all services provided under this Agreement with respect to the Portfolio, the fee computed separately for such Portfolio at an annual rate as follows (the “Subadviser Fee”): If Aggregate Net Assets are less than $500 million, the following fee schedule shall apply: Portfolio First $250 million of Aggregate Net Assets* Excess Over $250 million Portfolio Assets* of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% % % If Aggregate Net Assets equal or exceed $500 million but are less than $2 billion, the following fee schedule shall apply: Portfolio First $1 billion of Aggregate Net Assets* Excess Over $1 billion of Portfolio Assets* Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% % % If Aggregate Net Assets equal or exceed $2 billion but are less than $3 billion, the following fee schedule shall apply: Portfolio First $500 million of Aggregate Net Assets* Excess Over $500 million Portfolio Assets* of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% % % If Aggregate Net Assets equal or exceed $3 billion, the following fee schedule shall apply: Portfolio All Asset Levels Capital Appreciation Value Fund XXX% *% * The term Aggregate Net Assets for a given day includes the net assets of a Portfolio of the Trust, as indicated below, Trust managed by the Subadviser. It also includes with respect to each Portfolio the net assets of one or more other portfolios as indicated below managed by the Subadviser, but in each case only for the period during which the Subadviser for the Portfolio also serves as the subadviser for the other portfolio(s). For purposes of determining Aggregate Net Assets and calculating the Subadviser Fee for a given day, the net assets of the Portfolio and each other portfolio of the Trust are determined by the custodian or fund accountant as of the close of business on the previous business day of the Trust, and the net assets of each other portfolio are determined as of the close of business on the previous business day of that other portfolio. Trust Portfolio(s) Other Portfolio(s) Capital Appreciation Value Fund Capital Appreciation Value Trust, a series of Xxxx Xxxxxxx Variable Insurance Trust The Subadviser Fee for the Portfolio shall be accrued for each calendar day, and the sum of the daily fee accruals shall be paid monthly to the Subadviser within 30 calendar days of the end of each month. The Adviser shall provide Subadviser with such information as Subadviser may reasonably request supporting the calculation of the fees paid to it hereunder. Fees shall be paid either by wire transfer or check, as directed by Subadviser. If, with respect to the Portfolio, this Agreement becomes effective or terminates, or if the manner of determining the Applicable Annual Fee Rate changes, before the end of any month, the fee (if any) for the period from the effective date to the end of such month or from the beginning of such month to the date of termination or from the beginning of such month to the date such change, as the case may be, shall be prorated according to the proportion which such period bears to the full month in which such effectiveness or termination or change occurs.

Capital Appreciation Value Fund. The Subadviser shall serve as subadviser for the Portfolio of the Trust listed below. The Adviser will pay the Subadviser, as full compensation for all services provided under this Agreement with respect to the Portfolio, the fee computed separately for such Portfolio at an annual rate as follows (the “Subadviser Fee”): If Aggregate Net Assets are less than $500 million, the following fee schedule shall apply: Portfolio First $250 million of Aggregate Net Assets* Excess Over $250 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% xxxxx% xxxxx% If Aggregate Net Assets equal or exceed $500 million but are less than $2 billion, the following fee schedule shall apply: Portfolio First $1 billion of Aggregate Net Assets* Excess Over $1 billion of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% xxxxx% xxxxx% If Aggregate Net Assets equal or exceed $2 billion but are less than $3 billion, the following fee schedule shall apply: Portfolio First $500 million of Aggregate Net Assets* Excess Over $500 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% xxxxx% xxxxx% If Aggregate Net Assets equal or exceed $3 billion, the following fee schedule shall apply: Portfolio All Asset Levels Capital Appreciation Value Fund XXX% xxxxx% *The term Aggregate Net Assets for a given day includes the net assets of a Portfolio of the Trust, as indicated below, managed by the Subadviser. It also includes with respect to each Portfolio the net assets of one or more other portfolios as indicated below managed by the Subadviser, but in each case only for the period during which the Subadviser for the Portfolio also serves as the subadviser for the other portfolio(s). For purposes of determining Aggregate Net Assets and calculating the Subadviser Fee for a given day, the net assets of the Portfolio and each other portfolio of the Trust are determined by the custodian or fund accountant as of the close of business on the previous business day of the Trust, and the net assets of each other portfolio are determined as of the close of business on the previous business day of that other portfolio. Trust Portfolio(s) Other Portfolio(s) Capital Appreciation Value Fund Capital Appreciation Value Trust, a series of Jxxx Hxxxxxx Variable Insurance Trust The Subadviser Fee for the Portfolio shall be accrued for each calendar day, and the sum of the daily fee accruals shall be paid monthly to the Subadviser within 30 calendar days of the end of each month. The Adviser shall provide Subadviser with such information as Subadviser may reasonably request supporting the calculation of the fees paid to it hereunder. Fees shall be paid either by wire transfer or check, as directed by Subadviser. If, with respect to the Portfolio, this Agreement becomes effective or terminates, or if the manner of determining the Applicable Annual Fee Rate changes, before the end of any month, the fee (if any) for the period from the effective date to the end of such month or from the beginning of such month to the date of termination or from the beginning of such month to the date of such change, as the case may be, shall be prorated according to the proportion which such period bears to the full month in which such effectiveness or termination or change occurs.

Capital Appreciation Value Fund. The Subadviser shall serve as subadviser for the Portfolio of the Trust listed below. The Adviser will pay the Subadviser, as full compensation for all services provided under this Agreement with respect to the Portfolio, the fee computed separately for such Portfolio at an annual rate as follows (the “Subadviser Fee”): If Aggregate Net Assets are less than $500 million, the following fee schedule shall apply: Portfolio First $250 million of Aggregate Net Assets* Excess Over $250 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% [ ]% [ ]% If Aggregate Net Assets equal or exceed $500 million but are less than $2 billion, the following fee schedule shall apply: Portfolio First $1 billion of Aggregate Net Assets* Excess Over $1 billion of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% [ ]% [ ]% If Aggregate Net Assets equal or exceed $2 billion but are less than $3 billion, the following fee schedule shall apply: Portfolio First $500 million of Aggregate Net Assets* Excess Over $500 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% [ ]% [ ]% If Aggregate Net Assets equal or exceed $3 billion, the following fee schedule shall apply: Portfolio All Asset Levels Capital Appreciation Value Fund XXX% [ ]% *The term Aggregate Net Assets for a given day includes the net assets of a Portfolio of the Trust, as indicated below, Trust managed by the Subadviser. It also includes with respect to each Portfolio the net assets of one or more other portfolios as indicated below managed by the Subadviser, but in each case only for the period during which the Subadviser for the Portfolio also serves as the subadviser for the other portfolio(s). For purposes of determining Aggregate Net Assets and calculating the Subadviser Fee for a given day, the net assets of the Portfolio and each other portfolio of the Trust are determined by the custodian or fund accountant as of the close of business on the previous business day of the Trust, and the net assets of each other portfolio are determined as of the close of business on the previous business day of that other portfolio.

Capital Appreciation Value Fund. The Subadviser shall serve as subadviser for the Portfolio of the Trust listed below. The Adviser will pay the Subadviser, as full compensation for all services provided under this Agreement with respect to the Portfolio, the fee computed separately for such Portfolio at an annual rate as follows (the “Subadviser Fee”): If Aggregate Net Assets are less than $500 million, the following fee schedule shall apply: Portfolio First $250 million of Aggregate Net Assets* Excess Over $250 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% % % If Aggregate Net Assets equal or exceed $500 million but are less than $2 billion, the following fee schedule shall apply: Portfolio First $1 billion of Aggregate Net Assets* Excess Over $1 billion of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% % % If Aggregate Net Assets equal or exceed $2 billion but are less than $3 billion, the following fee schedule shall apply: Portfolio First $500 million of Aggregate Net Assets* Excess Over $500 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% % % If Aggregate Net Assets equal or exceed $3 billion, the following fee schedule shall apply: Portfolio All Asset Levels Capital Appreciation Value Fund XXX% % *The term Aggregate Net Assets for a given day includes the net assets of a Portfolio of the Trust, as indicated below, Trust managed by the Subadviser. It also includes with respect to each Portfolio the net assets of one or more other portfolios as indicated below managed by the Subadviser, but in each case only for the period during which the Subadviser for the Portfolio also serves as the subadviser for the other portfolio(s). For purposes of determining Aggregate Net Assets and calculating the Subadviser Fee for a given day, the net assets of the Portfolio and each other portfolio of the Trust are determined by the custodian or fund accountant as of the close of business on the previous business day of the Trust, and the net assets of each other portfolio are determined as of the close of business on the previous business day of that other portfolio.

Capital Appreciation Value Fund. The Subadviser shall serve as subadviser for the Portfolio of the Trust listed below. The Adviser will pay the Subadviser, as full compensation for all services provided under this Agreement with respect to the Portfolio, the fee computed separately for such Portfolio at an annual rate as follows (the “Subadviser Fee”): If Aggregate Net Assets are less than $500 million, the following fee schedule shall apply: Portfolio First $250 million of Aggregate Net Assets* Excess Over $250 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% If Aggregate Net Assets equal or exceed $500 million but are less than $2 billion, the following fee schedule shall apply: Portfolio First $1 billion of Aggregate Net Assets* Excess Over $1 billion of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% If Aggregate Net Assets equal or exceed $2 billion but are less than $3 billion, the following fee schedule shall apply: Portfolio First $500 million of Aggregate Net Assets* Excess Over $500 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% If Aggregate Net Assets equal or exceed $3 billion, the following fee schedule shall apply: Portfolio All Asset Levels Capital Appreciation Value Fund XXX% *The term Aggregate Net Assets for a given day includes the net assets of a Portfolio of the Trust, as indicated below, Trust managed by the Subadviser. It also includes with respect to each Portfolio the net assets of one or more other portfolios as indicated below managed by the Subadviser, but in each case only for the period during which the Subadviser for the Portfolio also serves as the subadviser for the other portfolio(s). For purposes of determining Aggregate Net Assets and calculating the Subadviser Fee for a given day, the net assets of the Portfolio and each other portfolio of the Trust are determined by the custodian or fund accountant as of the close of business on the previous business day of the Trust, and the net assets of each other portfolio are determined as of the close of business on the previous business day of that other portfolio.

Capital Appreciation Value Fund. The Subadviser shall serve as subadviser for the Portfolio of the Trust listed below. The Adviser will pay the Subadviser, as full compensation for all services provided under this Agreement with respect to the Portfolio, the fee computed separately for such Portfolio at an annual rate as follows (the “Subadviser Fee”): If Aggregate Net Assets are less than $500 million, the following fee schedule shall apply: Portfolio First $250 million of Aggregate Net Assets* Excess Over $250 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% xxx% xxx% If Aggregate Net Assets equal or exceed $500 million but are less than $2 billion, the following fee schedule shall apply: Portfolio First $1 billion of Aggregate Net Assets* Excess Over $1 billion of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% xxx% xxx% If Aggregate Net Assets equal or exceed $2 billion but are less than $3 billion, the following fee schedule shall apply: Portfolio First $500 million of Aggregate Net Assets* Excess Over $500 million of Aggregate Net Assets* Capital Appreciation Value Fund XXX% XXX% xxx% xxx% If Aggregate Net Assets equal or exceed $3 billion, the following fee schedule shall apply: Portfolio All Asset Levels Capital Appreciation Value Fund XXX% xxx% *The term Aggregate Net Assets for a given day includes the net assets of a Portfolio of the Trust, as indicated below, managed by the Subadviser. It also includes with respect to each Portfolio the net assets of one or more other portfolios as indicated below managed by the Subadviser, but in each case only for the period during which the Subadviser for the Portfolio also serves as the subadviser for the other portfolio(s). For purposes of determining Aggregate Net Assets and calculating the Subadviser Fee for a given day, the net assets of the Portfolio and each other portfolio of the Trust are determined by the custodian or fund accountant as of the close of business on the previous business day of the Trust, and the net assets of each other 6 portfolio are determined as of the close of business on the previous business day of that other portfolio.