COMPENSATION AND COSTS. The standards set forth in Section II, above, are expressly applicable to all matters pertaining to compensation and costs under this Agreement. Each Party shall pay to the other Party the fair and reasonable charge or fee for such services, which shall be based upon actual costs allocated on pertinent and applicable units of activities, including but not limited to policies issued, policies in force, policies underwritten, and other applicable and documented units of service and activity. The specifics shall from time to time be agreed upon and appropriately documented by the Parties. One Party may pay consolidated bills, which will be allocated to all applicable Parties. The Parties shall submit within thirty (30) days of the end of each calendar month to each other as applicable and appropriate, a written statement of the amount estimated to be owned by the other Party for services and the use of facilities pursuant to this Agreement in the calendar month, and such Party shall pay such billing within thirty (30) days following receipt of such written statement the amount set forth in the statement. Any expenses incurred and payment received shall be allocated in conformity with customary insurance accounting practices consistently applied. Save and except for the costs of services to be paid by the Parties to each other as agreed upon herein, each Party shall pay all of its own respective personnel and other costs and expenses of all types necessary or appropriate to render the management, administrative, and other services, advice, and accommodations provided for by this Agreement. More specifically, the legally responsible Party shall either pay directly or reimburse as appropriate all of its own costs for the following: A. Costs and expenses incurred in connection with the employment of outside legal counsel for policyholder or customer litigation. B. Out-of-pocket costs and expenses incurred in connection with the independent audit of the financial statements and governmental regulatory examinations. C. Costs and expenses incurred in connection with extraordinary tax accounting systems or other studies, functions or consultations performed solely for and at the request of a Party by independent, professional or consulting individuals or organizations. D. Fines and penalties, including interest assessed. E. Federal taxes, state or other governmental subdivision taxes, licenses, and fees and interest thereon.
Appears in 5 contracts
Samples: General Administrative Services Agreement (Ameritas Variable Separate Account V), General Administrative Services Agreement (Ameritas Variable Separate Account Va-2), General Administrative Services Agreement (Ameritas Life Insurance Corp Separate Account Llva)
COMPENSATION AND COSTS. The standards set forth Company shall arrange for the payment of commissions, on behalf of INGAE, to those Broker/Dealers and general agents who sell Contracts under agreements entered into pursuant to the paragraph on "Selling Agreements" of this Agreement. Company shall also arrange for the payment of commissions, on behalf of INGAE, to wholesalers who solicit Broker/Dealers and general agents to sell Contracts under agreements entered into pursuant to the paragraph on "Selling Agreements" of this Agreement, in Section II, above, are expressly applicable such amounts as is agreed to all matters pertaining and specified in such written agreements by Company and INGAE. Company shall pay INGAE for the cost to compensation and costs INGAE of rendering services to Company under this Agreement. Each Party shall pay to The method of allocating costs hereunder and the other Party the fair and reasonable charge or fee for such services, which payment thereof shall be based upon actual costs allocated on pertinent in accordance with Regulation No. 33, 11 NYCRR 91 ("NYID Regulation No. 33"), of the New York Insurance Department and applicable units shall be determined in the following manner:
(a) The cost of activities, including but service functions performed by INGAE that are identifiable as expenses incurred directly and exclusively for the benefit of Company shall be charged to Company.
(b) The cost of service functions performed by INGAE which are not limited to policies issued, policies identifiable as expenses incurred directly and exclusively for the benefit of Company shall be determined in force, policies underwrittenaccordance with the principles set forth in NYID Regulation No. 33 At the request of Company, and other applicable at INGAE's expense, INGAE shall produce records and documented units of service and activityprovide access to enable Company to verify that such cost accounting division is in accordance with such principles. The specifics shall from time to time be agreed upon and appropriately documented by the Parties. One Party may pay consolidated bills, which will be allocated to all applicable Parties. The Parties shall submit within thirty Within (30) days of after the end of each calendar month quarter, INGAE shall submit to each other as applicable and appropriate, Company a written statement of the amount estimated to be owned owed by the other Party Company for services and the use of facilities provided by INGAE pursuant to this Agreement in the calendar month, and such Party Agreement. Company shall pay such billing to INGAE within thirty (30) days following receipt of such written statement the amount set forth in the statement. Any expenses incurred If Company objects to an amount payable on a statement, it shall notify INGAE of such objection within thirty (30) calendar days of receipt of the statement. If the parties are unable to reconcile such objection, they hereby agree to select a firm of independent certified public accountants ("CPA"). The CPA shall determine the charges properly allocable to Company and payment received shall, within a reasonable time, submit such determination along with the basis therefore, in writing, to INGAE and Company. Such CPA determination shall be allocated in conformity with customary insurance accounting practices consistently appliedbinding upon the parties. Save and except for the costs The cost of services to be paid such a determination by the Parties to each other as agreed upon herein, each Party CPA shall pay all of its own respective personnel be born equally by INGAE and other costs and expenses of all types necessary or appropriate to render the management, administrative, and other services, advice, and accommodations provided for by this Agreement. More specifically, the legally responsible Party shall either pay directly or reimburse as appropriate all of its own costs for the following:
A. Costs and expenses incurred in connection with the employment of outside legal counsel for policyholder or customer litigationCompany.
B. Out-of-pocket costs and expenses incurred in connection with the independent audit of the financial statements and governmental regulatory examinations.
C. Costs and expenses incurred in connection with extraordinary tax accounting systems or other studies, functions or consultations performed solely for and at the request of a Party by independent, professional or consulting individuals or organizations.
D. Fines and penalties, including interest assessed.
E. Federal taxes, state or other governmental subdivision taxes, licenses, and fees and interest thereon.
Appears in 1 contract
Samples: Distribution Agreement (Reliastar Life Ins Co of New York Var Life Sep Acct I)
COMPENSATION AND COSTS. The standards set forth in Section II, above, are expressly applicable to all matters pertaining to compensation and costs under this Agreement. Each Party shall pay to the other Party the fair and reasonable charge or fee for such services, which shall be based upon actual costs allocated on pertinent and applicable units of activities, including but not limited to policies issued, policies in force, policies underwritten, and other applicable and documented units of service and activity. The specifics shall from time to time be agreed upon and appropriately documented by the Parties. One Party may pay consolidated bills, which will be allocated to all applicable Parties. The Parties shall submit within thirty (30) days of the end of each calendar month to each other as applicable and appropriate, a written statement of the amount estimated to be owned by the other Party for services and the use of facilities pursuant to this Agreement in the calendar month, and such Party shall pay such billing within thirty (30) days following receipt of such written statement the amount set forth in the statement. Any expenses incurred and payment received shall be allocated in conformity with customary insurance accounting practices consistently applied. Save and except for the costs of services to be paid by the Parties to each other as agreed upon herein, each Party shall pay all of its own respective personnel and other costs and expenses of all types necessary or appropriate to render the management, administrative, and other services, advice, and accommodations provided for by this Agreement. More specifically, the legally responsible Party shall either pay directly or reimburse as appropriate all of its own costs for the following:
A. Costs and expenses incurred in connection with the employment of outside legal counsel for policyholder or customer litigation.
B. Out-of-pocket costs and expenses incurred in connection with the independent audit of the financial statements and governmental regulatory examinations.
C. Costs and expenses incurred in connection with extraordinary tax accounting systems or other studies, functions or consultations performed solely for and at the request of a Party by independent, professional or consulting individuals or organizations.
D. Fines and penalties, including interest assessed.
E. Federal taxes, state or other governmental subdivision taxes, licenses, and fees and interest thereon.
Appears in 1 contract
Samples: General Administrative Services Agreement (Ameritas Variable Separate Account Va-2)