Common use of Charges Upon the Account Clause in Contracts

Charges Upon the Account. Any income taxes or other taxes or assessments of any kind whatsoever that may be levied or assessed upon or in respect to the Account (including any transfer taxes included in connection with the investment and reinvestment of Account assets), expenses, fees and administrative costs incurred by the Plan Administrator in the performance of its duties (including fees for legal services rendered to the Custodian and/or Plan Administrator), and the Custodian’s and Plan Administrator’s compensation as determined under Article 7.1 or Article 7.2 of this Appendix shall constitute a charge upon the assets of the Account. At the Plan Administrator’s option, such fees, taxes, or expenses shall be paid from the Account or by the Account Holder. The Custodian and Plan Administrator may redeem Fund shares and use the proceeds of redemption to pay such fees, taxes or expenses, and neither the Custodian nor the Plan Administrator will have any liability for loss of income or appreciation, and neither the Custodian nor the Plan Administrator shall be deemed to be fiduciaries under ERISA, as a result of the Custodian’s and/or Plan Administrator’s redemption of fund shares or selection of Fund shares to be redeemed under this sentence.

Charges Upon the Account. Any income taxes or other taxes or assessments of any kind whatsoever that may be levied or assessed upon or in respect to the Account (including any transfer taxes included in connection with the investment and reinvestment of Account assets), expenses, fees and administrative costs incurred by the Plan Administrator in the performance of its duties (including fees for legal services rendered to the Custodian and/or Plan Administrator), and the Custodian’s and Plan Administrator’s compensation as determined under Article 7.1 or Article 7.2 of this Appendix shall constitute a charge upon the assets of the Account. At the Plan Administrator’s option, such fees, taxes, or expenses shall be paid from the Account or by the Account Holder. The Custodian and Plan Administrator may redeem Fund shares and use the proceeds of redemption to pay such fees, taxes or expenses, and neither the Custodian nor the Plan Administrator will have any liability for loss of income or appreciation, and neither the Custodian nor the Plan Administrator shall be deemed to be fiduciaries under ERISA, as a result of the Custodian’s and/or Plan Administrator’s redemption of fund shares or selection of Fund shares to be redeemed under this sentencethissentence.