Common use of Compliance with Laws; Reliance on Instructions Clause in Contracts

Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements to the extent required by law and as limited by the last sentence of this subsection; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Inc., AFD and CRMC dated even date herewith (the “Business Agreement”). d. Each party is entitled to rely on any written records or instructions provided to it by responsible persons of the other party(ies).

Appears in 4 contracts

Samples: Fund Participation and Service Agreement (Separate Account I of National Integrity Life Ins Co), Fund Participation and Service Agreement (Separate Account I of Integrity Life Insurance Co), Fund Participation and Service Agreement (Separate Account I of National Integrity Life Ins Co)

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Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Pacific Select Distributors, Inc., AFD and CRMC dated even date herewith (the “Business Agreement”). d. Each party is entitled to rely on any written records or instructions provided to it by responsible persons of the other party(ies).

Appears in 3 contracts

Samples: Fund Participation and Service Agreement (Separate Account a of Pacific Life & Annuity Co), Fund Participation and Service Agreement (Separate Account a of Pacific Life Insurance Co), Fund Participation and Service Agreement (Separate Account a of Pacific Life Insurance Co)

Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Inc.[Insurance Company Distributor], AFD and CRMC dated even date herewith (the “Business Agreement”). d. Each party is entitled to rely on any written records or instructions provided to it by responsible persons of the other party(ies).

Appears in 3 contracts

Samples: Fund Participation and Service Agreement (Mutual of America Separate Account No 2), Fund Participation and Service Agreement (Mutual of America Separate Account No 2), Fund Participation and Service Agreement (Mutual of America Separate Account No 3)

Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Jefferson National Securities Inc., Corporation AFD and CRMC dated even date herewith (the “Business Agreement”). d. Each party is entitled to rely on any written records or instructions provided to it by responsible persons of the other party(ies).

Appears in 2 contracts

Samples: Fund Participation and Service Agreement (Jefferson National Life Annuity Account G), Fund Participation and Service Agreement (Jefferson National Life Annuity Account G)

Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Investment Distributors, Inc., AFD and CRMC dated even date herewith September 2018, as amended October 17, 2014 and June 18, 2015 (the “Business Agreement”). d. Each party is entitled to rely on any written records or instructions provided to it by responsible persons of the other party(ies).

Appears in 2 contracts

Samples: Fund Participation and Service Agreement (PLAIC Variable Annuity Account S), Fund Participation and Service Agreement (Protective Variable Life Separate Account)

Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Investment Distributors, Inc., AFD and CRMC dated even date herewith (the “Business Agreement”). d. Each party is entitled to rely on any written records or instructions provided to it by responsible persons of the other party(ies).

Appears in 2 contracts

Samples: Fund Participation and Service Agreement (Variable Annuity Account a of Protective Life), Fund Participation and Service Agreement (Protective Variable Annuity Separate Account)

Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Security Distributors, Inc., AFD and CRMC dated even date herewith (the “Business Agreement”). d. Each party is entitled to rely on any written records or instructions provided to it by responsible persons of the other party(ies).

Appears in 2 contracts

Samples: Fund Participation and Service Agreement (SBL Variable Annuity Account Xiv), Fund Participation and Service Agreement (Variable Annuity Account A)

Compliance with Laws; Reliance on Instructions. a. AFD (a) The Distributor and CRMC the Adviser acknowledge and agree that Insurance the Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, statement or item of advertising or marketing material prepared by AFD the Distributor and/or CRMCthe Adviser, which relates to the Series or any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFDthe Distributor, CRMC the Adviser and the Funds Series with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable LawLaws”) over AFDthe Distributor, CRMC the Adviser or Fundsthe Series, and the provisions of the FundsSeries’ prospectus and statement of additional information. b. Insurance (b) The Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance the Company or its agents that are not included in the prospectusesprospectus, statements statement of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFDthe Distributor; (ii) satisfying any prospectus delivery requirements applicable to it to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance the Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. (c) The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the FundsSeries’ shares except those contained in the then then-current Prospectus prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC the Adviser as supplemental to the Series’ Prospectusprospectus, in information published on the Series’ or CRMCthe Adviser’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Inc., AFD and CRMC dated even date herewith (the “Business Agreement”)Distributor. d. (d) Each party hereto is entitled to rely on any written records or instructions provided to it by responsible persons of the other party(ies)parties identified as such by the other party from time to time.

Appears in 1 contract

Samples: Fund Participation Agreement (Pruco Life Flexible Premium Variable Annuity Account)

Compliance with Laws; Reliance on Instructions. a. AFD (a) BAL and CRMC BII acknowledge and agree that Insurance Company Service Organization is not responsible for: (i) any information contained in any prospectus, registration statement, annual or semi-annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMCBAL, BII or Fund Company which relates to any FundFund Company or the Funds; (ii) registration or qualification of any shares of any Fund Shares under any federal or state laws; or (iii) compliance by AFDBAL, CRMC BII and the Funds Fund Company with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction over the above-named parties, and the provisions of the Funds' prospectuses and statements of additional information (the foregoing laws, rules and regulations are collectively referred to herein as "Applicable Law"). (b) over AFD, CRMC or FundsService Organization shall, and shall use its best efforts to ensure that each Contractual TPA will, comply with all Applicable Law, specifically including but not limited to Rule 22c-1 (a) under the 1940 Act and all requirements to provide specific disclosures to Plan Participants regarding fees paid under this Agreement. Service Organization has policies and procedures in place in order to comply with all such requirements as applicable and effective, including its obligations under the provisions of the Funds’ prospectus International Money Laundering Abatement Act, the USA PATRIOT Act, the Bank Secrecy Act ("BSA") and statement any other anti-money laundering law, rule or regulation applicable to Service Organization as a financial institution under the BSA, or otherwise. Subject to legal restrictions, Service Organization will, upon request, promptly provide to Fund Company, BII or BAL evidence of additional information. b. Insurance Company those policies and procedures and Service Organization's compliance therewith and/or evidence establishing the identities and sources of funds for each purchase of Shares of the Fund. Service Organization acknowledges and agrees that it is the Fund Parties are not responsible for Service Organization's compliance with Applicable Law. (ic) Service Organization agrees that any representations concerning orders transmitted to the Funds made by Insurance Company Fund or its agents that designees, by itself or a Contractual TPA, are not included subject to the terms and conditions of the Fund's prospectuses (including, without limitation, those provisions regarding the purchase, exchange and redemption of Fund shares and policies to deter market timing and other inappropriate trading activity such as any redemption/exchange fee ("Redemption Fee") and any limitations on exchanges) and this Agreement and are subject to acceptance or rejection by the Fund in its sole discretion. Service Organization's or a Contractual TPA's handling of orders for transactions of Shares shall also comply with Service Organization's internal policies and procedures, which Service Organization believes to be appropriate and sufficient with regard to the handling of Fund orders on a timely basis and which Service Organization believes provide adequate controls and procedures to ensure ongoing compliance with all Applicable Law and the Fund's prospectuses. Service Organization and Contractual TPAs shall monitor all Plan Participants for inappropriate trading activity such as market timing, excessive short-term trading and such other activity described in the prospectusesFund's prospectuses as being inappropriate or impermissible and shall inform the Fund of any such activity that Service Organization or a Contractual TPA identifies. Service Organization and Contractual TPAs will promptly provide the Fund with information it reasonably requests regarding transactions in Shares by Plan Participants and will assist the Fund in taking appropriate action against any Plan Participants identified as engaging in inappropriate trading activity, statements including freezing all further purchases of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing Shares by AFD; (ii) satisfying prospectus delivery requirements to the extent required by law and as limited by the last sentence of this subsection; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”)those Plan Participants. ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1(d) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Inc., AFD and CRMC dated even date herewith (the “Business Agreement”). d. Each party hereto is entitled to rely on any written records or instructions provided to it by a responsible persons person(s) of the other party(ies). (e) Each party shall notify the other of any errors or omissions in any information, including the net asset value and distribution information set forth above, and interruptions in, or delay or unavailability of the means of transmittal or any such information as promptly as possible.

Appears in 1 contract

Samples: Service Agreement (Aul American Unit Trust)

Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-self- regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus definitive prospectus, summary prospectuses and statement of additional information of the SeriesSeries and any further supplements thereto (the “Prospectus”), in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Inc., AFD and CRMC dated even date herewith (the “Business Agreement”). d. Each party is entitled to rely on any written records or instructions provided to it by responsible persons of the other party(ies).

Appears in 1 contract

Samples: Fund Participation and Service Agreement (Aul American Individual Variable Life Unit Trust)

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Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-self- regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus definitive prospectus, summary prospectuses and statement of additional information of the SeriesSeries and any further supplements thereto (the “ Prospectus”), in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Park Avenue Securities Inc.LLC, AFD and CRMC dated even date herewith (the “Business Agreement”). d. Each party is entitled to rely on any written records or instructions provided to it by responsible authorized persons of the other party(ies).

Appears in 1 contract

Samples: Fund Participation and Service Agreement (Guardian Separate Account R)

Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-self- regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Inc., AFD and CRMC dated as of even date herewith (as may be amended from time to time, the “Business Agreement”). d. Each party is entitled to rely on any written records or instructions provided to it by responsible persons of the other party(ies).

Appears in 1 contract

Samples: Fund Participation and Service Agreement (Separate Account a of Axa Equitable Life Insurance Co)

Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company the Society is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information. b. Insurance Company The Society acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents the Society that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory ProspectusSociety. c. Insurance Company The Society and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Companythe Society, Touchstone Securities MWA Financial Services, Inc., AFD and CRMC dated even date herewith (the “Business Agreement”), except with the written permission of AFD or CRMC or the designee of either. d. Each party is entitled to rely on any written records or written instructions provided to it by responsible persons of designated by the other party(ies)) to provide such records and instructions.

Appears in 1 contract

Samples: Fund Participation and Service Agreement (Modern Woodmen of America Variable Annuity Account)

Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as "Applicable Law") over AFD, CRMC or Funds, and the provisions of the Funds' prospectus and statement of additional information. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu of statutory prospectuses: i. For purposes of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds' shares except those contained in the then current Prospectus of the Series, in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series' Prospectus, in information published on the Series' or CRMC’s 's internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Xxxxxx Xxxx Investors, Inc., AFD and CRMC dated of even date herewith (the "Business Agreement"). d. Each party is entitled to rely on any written records or instructions provided to it by responsible persons of the other party(ies)parties.

Appears in 1 contract

Samples: Fund Participation and Service Agreement (Horace Mann Life Insurance Co Separate Account)

Compliance with Laws; Reliance on Instructions. a. AFD and CRMC acknowledge and agree that Insurance Company is not responsible for: (i) any information contained in any prospectus, registration statement, statement of additional information, annual report, proxy statement, or item of advertising or marketing material prepared by AFD and/or CRMC, which relates to any Fund; (ii) registration or qualification of any shares of any Fund under any federal or state laws; or (iii) compliance by AFD, CRMC and the Funds with all applicable federal and state laws, rules and regulations, the rules and regulations of any self-regulatory organization with jurisdiction (the foregoing laws, rules and regulations are collectively referred to herein as “Applicable Law”) over AFD, CRMC or Funds, and the provisions of the Funds’ prospectus and statement of additional information, subject to the indemnification provisions of Section 19 of this Agreement. b. Insurance Company acknowledges and agrees that it is responsible for (i) any representations concerning the Funds made by Insurance Company or its agents that are not included in the prospectuses, statements of additional information or advertising or marketing material relating to the Funds and prepared or approved in writing by AFD; (ii) satisfying prospectus delivery requirements requirements, to the extent required by law and as limited by the last sentence of this subsectionlaw; and (iii) in connection with the services performed in connection with this Agreement, the compliance or failure to comply with any Applicable Law with jurisdiction over Insurance Company. Notwithstanding , subject to the foregoing, should AFD and/or the Series distribute stand-alone summary prospectuses in lieu indemnification provisions of statutory prospectuses: i. For purposes Section 19 of this Agreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933, as amended (the “1933 Act”). ii. The Series represents and warrants that the Summary Prospectuses and the hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 under the 1933 Act applicable to the Series and its funds. iii. The Series agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses and that such web page will host the current Series and fund documents required to be posted in compliance with Rule 498 under the 1933 Act. This web page will be provided and maintained by the Series or its designee. iv. The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional Fund documents made directly to the Series, CRMC or one of their affiliates. v. The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) under the 1933 Act involving contract owner requests for additional fund documents made directly to the Insurance Company or one of its affiliates. vi. Insurance Company represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498 under the 1933 Act. vii. At Insurance Company’s request, CRMC and the Series may provide web links or URL’s to the Insurance Company for use with Insurance Company’s electronic delivery of fund documents or on the Insurance Company’s website. In this case, Insurance Company will be solely responsible for the maintenance of such web links. CRMC and the Series will be responsible for maintaining the Series’ and funds’ current documents on the site to which such web links or URL’s originally navigate to. viii. The parties agree that Insurance Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of Insurance Company. The Insurance Company agrees that it will give CRMC and the Series sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectus. c. Insurance Company and its affiliates shall make no representations concerning the Funds’ shares except those contained in the then current Prospectus definitive prospectus, summary prospectuses and statement of additional information of the SeriesSeries and any further supplements thereto (the “Prospectus”), in such printed information subsequently issued on behalf of the Series or other funds managed by CRMC as supplemental to the Series’ Prospectus, in information published on the Series’ or CRMC’s internet site, or in materials approved by AFD, Transfer Agent, CRMC, or the Series, as provided in the Business Agreement in effect among Insurance Company, Touchstone Securities Thrivent Investment Management Inc., AFD and CRMC dated even date herewith (the “Business Agreement”). d. Each party is entitled to rely on any written records or instructions provided to it by responsible authorized persons of the other party(ies).

Appears in 1 contract

Samples: Fund Participation and Service Agreement (Thrivent Variable Annuity Account I)

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