Common use of COMMENCEMENT AND TERMINATION OF LIABILITY Clause in Contracts

COMMENCEMENT AND TERMINATION OF LIABILITY. A. On reinsurance ceded under the terms of this Agreement, the liability of the REINSURER shall commence simultaneously with that of the CEDING COMPANY. B. The liability of the REINSURER for all reinsured contracts under this Agreement may terminate in accordance with 1. the Duration of Agreement provisions of this Agreement set forth in Article XX, or 2. the termination provisions set forth within Article VI, Administration, or 3. the Recapture Privileges set forth in Article IX. C. For an individual contract, the liability of the REINSURER under this Agreement will terminate either in accordance with Paragraph B, above, or upon the earliest of the following occurrences defined in the contract(s) reinsured hereunder: 1. the date the owner elects to annuitize pursuant to other than the Income Program; 2. surrender or termination of the contract 3. full withdrawal, including 1035 exchanges and qualified transfers when the CEDING COMPANY terminates the contract and releases the proceeds to the contract owner, beneficiary, annuitant or new carrier; 4. the death of the owner or annuitant where such death triggers the payment of a contractual death benefit, except when spousal continuance has been elected during the new business term of this Agreement as defined in Article XX, Paragraph A. On spousal continuance election the REINSURER's liability will be terminated upon death of the spouse; 5. attainment of the maximum annuitization age or attained age 95, if earlier. D. Upon annuitization under the Income Program, the liability of the REINSURER shall terminate, subject to the payment of a benefit claim that may be due in accordance with the IBNAR calculation as set forth in Article IV.

COMMENCEMENT AND TERMINATION OF LIABILITY. A. On reinsurance ceded under the terms of this Agreement, the liability of the REINSURER shall commence simultaneously with that of the CEDING COMPANY. B. The liability of the REINSURER for all reinsured contracts under this Agreement may terminate in accordance with 1. the Duration of Agreement provisions of this Agreement set forth in Article XX, or 2. the termination provisions set forth within Article VI, Administration, or 3. the Recapture Privileges set forth in Article IX. C. For an individual contract, the liability of the REINSURER under this Agreement will terminate either in accordance with Paragraph B, above, or upon the earliest of the following occurrences defined in the contract(s) reinsured hereunder: 1. the date the owner elects to annuitize pursuant to other than the Income Program; 2. surrender or termination of the contract 3. full withdrawal, including 1035 exchanges and qualified transfers when the CEDING COMPANY terminates the contract and releases the proceeds to the contract owner, beneficiary, annuitant or new carrier; 4. the death of the owner or annuitant where such death triggers the payment of a contractual death benefit, except when spousal continuance has been elected during the new business term of this Agreement as defined in Article XX, Paragraph A. On spousal continuance election the REINSURER's liability will be terminated upon death of the spouse; 5. attainment of the maximum annuitization age or attained age 95, if earlier. D. Upon annuitization under the Income Program, the liability of the REINSURER shall terminate, subject to the payment of a benefit claim that may be due in accordance with the IBNAR calculation as set forth in Article IV.. Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 2 Effective September 17 2001

COMMENCEMENT AND TERMINATION OF LIABILITY. A. On reinsurance ceded under the terms of this Agreement, the liability of the REINSURER shall commence simultaneously with that of the CEDING COMPANY. B. . The liability of the REINSURER for all reinsured contracts under this Agreement may will terminate in accordance witheither: 1. in accordance with the Recapture privileges of this Agreement as stated in Article IX, the Duration of Agreement provisions of this Agreement set forth as stated in Article XX, ; or, 2. the termination provisions set forth within Article VI, Administration, or 3. the Recapture Privileges set forth in Article IX. C. For for an individual contract, the liability of the REINSURER under this Agreement will terminate either in accordance with Paragraph B, above, or upon the earliest of the following occurrences defined in the contract(s) reinsured hereunder: 1. a. the date the owner elects to annuitize pursuant to other than the Income Programannuitize; 2. b. surrender or termination of the contract; 3. c. full withdrawal, including 1035 exchanges and qualified transfers when the CEDING COMPANY terminates the contract and releases the proceeds to the contract owner, beneficiary, annuitant or new carrier; 4. d. the death of the owner or annuitant where such death triggers the payment of a contractual death benefit, benefit except when spousal continuance has been elected during the new business term of this Agreement as defined in Article XX, Paragraph A. B. On spousal continuance election the REINSURER's liability will be terminated upon death of the spouse; 5. e. attainment of the maximum annuitization age or attained age 95, if earlier; or 3. for an individual contract, reinsurance coverage will cease on the first day of the month following a withdrawal that causes the Account Value of the contract to fall below one-thousand-five-hundred dollars ($1,500). Once reinsurance coverage ends for a specific contract, it cannot be reinstated under this Agreement. D. Upon annuitization under the Income Program, the liability of the B. The REINSURER shall terminatebe liable to reimburse claims only on those deaths where the actual date of death is on or after August 15, subject to the payment of a benefit claim that may be due 2000, in accordance with the IBNAR calculation as set forth in Article IVVII.