Common use of Construction of the Agreement; Fund Participation Agreements Clause in Contracts

Construction of the Agreement; Fund Participation Agreements. The Fund and Intermediary have entered into one or more Fund Participation Agreements between or among them for the purchase and redemption of shares of the Funds by the Accounts in connection with the Contracts. The Fund Participation Agreements are hereby incorporated by reference into this Agreement, as this Agreement is intended to be a supplement to the Fund Participation Agreements. To the extent the terms of this Agreement conflict with the terms of a Fund Participation Agreement, the terms of this Agreement shall control.

Construction of the Agreement; Fund Participation Agreements. The Fund Funds and Intermediary have entered into one or more Fund Participation Agreements between or among them for the purchase and redemption of shares of the Funds by the Accounts in connection with the Contracts. The Fund Participation Agreements are hereby incorporated by reference into this Agreement, as this This Agreement is intended to be a supplement to the supplements those Fund Participation Agreements. To the extent the terms of this Agreement conflict with the terms of a Fund Participation Agreement, the terms of this Agreement shall controlcontrol with respect to the subject matter herein.

Construction of the Agreement; Fund Participation Agreements. The Fund and Intermediary have entered into one or more Fund participation agreements ("Participation Agreements Agreements") between or among them for the purchase and redemption of shares Shares of the Funds Fund by the Accounts Intermediary in connection with the Contracts. The Fund This Agreement amends those Participation Agreements are hereby incorporated by reference into this Agreement, and constitutes the entire understanding between the Fund and Intermediary as this Agreement is intended to be a supplement to the Fund Participation AgreementsFund's and Intermediary's obligations with respect to the matters discussed herein. To the extent the terms of this Agreement directly conflict with the terms of a Fund Participation Agreement, the terms of this Agreement shall control.

Construction of the Agreement; Fund Participation Agreements. The Fund and Intermediary Parties have entered into one or more Fund Participation Agreements between or among them for the purchase and redemption of shares Shares of the Funds by the Accounts in connection with the ContractsIntermediary. The This Agreement is an addendum to those Fund Participation Agreements are and is hereby incorporated by reference into this Agreement, as this Agreement is intended to be a supplement to the Fund Participation Agreements. To the extent the terms of this Agreement conflict with the terms of a Fund Participation Agreement, the terms of this Agreement shall control.