Common use of CHANGES WITH RESPECT TO SEPARATE ACCOUNT Clause in Contracts

CHANGES WITH RESPECT TO SEPARATE ACCOUNT. In addition to the rights reserved pursuant to Sections 4.01, 10.01 and 10.02, we have the right, subject to compliance with applicable law, including approval of Contract owners if required: (a) to add Variable Investment Options (or sub-funds of Variable Investment Options) to, or to remove Variable Investment Options (or sub-funds) from, the Separate Account, or to add other separate accounts; (b) to combine any two or more Variable Investment Options or sub-funds thereof; (c) to transfer the assets we determine to be the share of the class of contracts to which this Contract belongs from any Variable Investment Option to another Variable Investment Option; (d) to operate the Separate Account or any Variable Investment Option as a management investment company under the Investment Company Act of 1940, in which case charges and expenses that otherwise would be assessed against an underlying mutual fund would be assessed against the Separate Account; (e) to operate the Separate Account or any Variable Investment Option as a unit investment trust under the Investment Company Act of 1940; (f) to deregister the Separate Account under the Investment Company Act of 1940; (g) to restrict or eliminate any voting rights as to the Separate Account; (h) to cause one or more Variable Investment Options to invest some or all of their assets in one or more other trusts or investment companies. If the exercise of these rights results in a material change in the underlying investment of a Separate Account, you will be notified of such exercise, as required by law.