Common use of Contract Owner Information Clause in Contracts

Contract Owner Information. (a) Financial Intermediary agrees to provide the Portfolio, upon written request, the taxpayer identification number (“TIN”), if known, of any or all Contract owners and the amount, date, name or other identifier of any investment professional(s) associated with the Contract owner(s) (if known), and transaction type (purchase, redemption, transfer, or exchange) of every purchase, redemption, transfer, or exchange of Shares held through a Separate Account during the period covered by the request. (i) Requests must set forth a specific period, not to exceed one year from the date of the request, for which transaction information is sought. A request may be ongoing and continuous (e.g., for each trading day throughout the year) or for specified periods of time. A Portfolio may request transaction information older than one year from the date of the request as it deems necessary to investigate compliance with policies established by the Portfolio for the purpose of eliminating or reducing market timing and abusive trading practices. (ii) Financial Intermediary agrees to transmit the requested information that is on its books and records to the Portfolio or its designee promptly, but in any event not later than ten business days, after receipt of a request. If the requested information is not on Financial Intermediary’s books and records, Financial Intermediary agrees to use reasonable efforts to: (a) promptly obtain and transmit the requested information; (b) obtain assurances from the Contract owner that the requested information will be provided directly to the Portfolio promptly; or (c) if directed by the Portfolio, block further purchases of Portfolio Shares from such Contract owner. In such instance, Financial Intermediary agrees to inform the Portfolio whether it plans to perform (a), (b) or, at the direction of the Portfolio, (c). Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the parties. To the extent practicable, the format for any transaction information provided to the Portfolio should be consistent with the NSCC Standardized Data Reporting Format. (iii) The Trust agrees not to use the Contract owner information received pursuant to this Agreement for marketing or any other similar purpose without the prior written consent of Financial Intermediary. (b) Financial Intermediary agrees to execute written instructions from the Fund to restrict or prohibit further purchases or exchanges of Shares by a Contract owner that has been identified by the Portfolio as having engaged in transactions in the Portfolio’s Shares through a Separate Account that violate policies established for the purpose of eliminating or reducing market timing and abusive trading practices. (i) Instructions must include the TIN, if known, and the specific restriction(s) to be executed. If the TIN is not known, the instructions must include an equivalent identifying number of the Contract owner(s) or the Separate Account(s) or other agreed upon information to which the instruction relates. (ii) Financial Intermediary agrees to execute instructions as soon as reasonably practicable, but not later than five business days after receipt of the instructions by the Financial Intermediary. (iii) Financial Intermediary must provide written confirmation to the Portfolio that instructions have been executed. Financial Intermediary agrees to provide confirmation as soon as reasonably practicable, but not later than ten business days after the instructions have been executed. (c) For purposes of this Section 3 of the Agreement: