Common use of Confidentiality of Payment Rate Clause in Contracts

Confidentiality of Payment Rate. The Company acknowledges that the rate and amount of payments to be made to the Company under this Agreement are proprietary and confidential information of the Fund Administrator and its affiliates, and that disclosure of this information to third parties may cause damage to Fund Administrator or its affiliates. The Company agrees to take any and all reasonable actions to limit disclosure of this information to: (a) only those of its employees, officers, consultants, agents and affiliates who need the information in order to perform their duties, and to notify such persons of the terms of this paragraph; and (b) sponsors of 457 and 403(b) plans that require you to disclose such information as a condition of considering the purchase of Contracts for which Portfolios are investment options. In the event any other party seeks to compel disclosure of confidential information through judicial or administrative process, then the Company shall promptly give the Fund Administrator written notice of such demand and, if requested by the Fund Administrator, shall cooperate in the Fund Administrator's efforts to challenge or limit any such disclosure. Violation of the confidentiality provision shall be grounds for immediate termination of the Agreement by the Fund Administrator in its sole discretion. Nothing in this Agreement shall prevent the Company from disclosing the existence of this Agreement in the Contracts' prospectuses or elsewhere.

Appears in 1 contract

Samples: Administrative Services Agreement (VARIABLE ANNUITY ACCT C OF VOYA RETIREMENT INSURANCE & ANNUITY Co)

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Confidentiality of Payment Rate. The Company acknowledges that the rate and amount of payments to be made to the Company under this Agreement are proprietary and confidential information of the Fund Administrator and its affiliates, and that disclosure of this information to third parties may cause damage to Fund Administrator or its affiliates. The Company agrees to take any and all reasonable actions to limit disclosure of this information to: (a) only those of its employees, officers, consultants, consultants and agents and affiliates who need the information in order to perform their duties, and to notify such persons of the terms of this paragraph; and (b) sponsors of 457 and 403(b) plans that require you to disclose such information as a condition of considering the purchase of Contracts for which Portfolios are investment options. In the event any other party 30649-2 2 seeks to compel disclosure of confidential information through judicial or administrative process, then the Company shall promptly give the Fund Administrator written notice of such demand and, if requested by the Fund Administrator, shall cooperate in the Fund Administrator's ’s efforts to challenge or limit any such disclosure. Violation of the confidentiality provision shall be grounds for immediate termination of the Agreement by the Fund Administrator in its sole discretion. Nothing in this Agreement shall prevent the Company from disclosing the existence of this Agreement in the Contracts' prospectuses or elsewhere.

Appears in 1 contract

Samples: Agreement (Variable Annuity Acct C of Ing Life Insurance & Annuity Co)

Confidentiality of Payment Rate. The Company acknowledges that the rate and amount of payments to be made to the Company under this Agreement are proprietary and confidential information of the Fund Administrator and its affiliates, and that disclosure of this information to third parties may cause damage to Fund Administrator or its affiliates. The Company agrees to take any and all reasonable actions to limit disclosure of this information to: (a) only those of its employees, officers, consultants, consultants and agents and affiliates who need the information in order to perform their duties, and to notify such persons of the terms of this paragraph; and (b) sponsors of 457 and 403(b) plans that require you to disclose such information as a condition of considering the purchase of Contracts for which Portfolios are investment options. In the event any other party seeks to compel disclosure of confidential information through judicial or administrative process, then the Company shall promptly give the Fund Administrator written notice of such demand and, if requested by the Fund Administrator, shall cooperate in the Fund Administrator's efforts to challenge or limit any such disclosure. Violation of the confidentiality provision shall be grounds for immediate termination of the Agreement by the Fund Administrator in its sole discretion. Nothing in this Agreement shall prevent the Company from disclosing the existence of this Agreement in the Contracts' prospectuses or elsewhere.

Appears in 1 contract

Samples: Administrative Services Agreement (Variable Annuity Acct C of Ing Life Insurance & Annuity Co)

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Confidentiality of Payment Rate. The Company acknowledges that the rate and amount of payments to be made to the Company under this Agreement are proprietary and confidential information of the Fund Administrator and its affiliates, and that disclosure of this information to third parties may cause damage to Fund Administrator or its affiliates. The Company agrees to take any and all reasonable actions to limit disclosure of this information to: (a) only those of its employees, officers, consultants, consultants and agents and affiliates who need the information in order to perform their duties, and you agree to notify such persons of the terms of this paragraph; and (b) sponsors of 457 and 403(b) plans that require you to disclose such information as a condition of considering the purchase of Contracts for which Portfolios are investment options. In the event any other party seeks to compel disclosure of confidential information through judicial or administrative process, then the Company shall promptly give the Fund Administrator written notice of such demand and, if requested by the Fund Administrator, shall cooperate in the Fund Administrator's ’s efforts to challenge or limit any such disclosure. Violation of the confidentiality provision shall be grounds for immediate termination of the Agreement by the Fund Administrator in its sole discretion. Nothing in this Agreement shall prevent the Company from disclosing the existence of this Agreement in the Contracts' prospectuses or elsewhere.

Appears in 1 contract

Samples: Administrative Services Agreement (Variable Annuity Acct C of Ing Life Insurance & Annuity Co)

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