Common use of Distribution and Availability of Fund Shares in Connection with the Contracts Clause in Contracts

Distribution and Availability of Fund Shares in Connection with the Contracts. (a) Nationwide Broker-Dealers will perform Distribution Services in connection with certain classes of the Shares as set forth in this Section 2 and in Exhibit C. The Company agrees to pay compensation to Nationwide Broker-Dealers for such Distribution Services based on the value of Shares of such classes held by the Variable Accounts in accordance with Section 8 of this Agreement. (b) Shares may be purchased or redeemed by each Variable Account on behalf of Contract Owners on a daily basis at the net asset value next computed after receipt and acceptance by the Company or its designee of the order for purchase or redemption. In purchasing and redeeming Shares for the Variable Accounts, Nationwide will comply with the terms and conditions of this Agreement, and the terms and conditions of the Administrative Services Agreement. (c) The Company and the Trust agree to make Shares of the Funds available for as long as they are offered for purchase at the applicable net asset value per share by Participating Insurance Companies and their separate accounts on those days on which the Trust calculates the net asset value of each Fund pursuant to rules of the SEC; provided, however, that the Company and/or the Trust may refuse to sell Shares of any Fund to any person, or suspend or terminate the offering of Shares of any Fund if such action is required by law or by regulatory authorities having jurisdiction or is, in the Company’s or the Trust’s sole discretion, acting in good faith and in light of its duties under federal and any applicable state laws, necessary and in the best interests of the shareholders of such Fund. (d) The Company and the Trust agree that Shares of the Trust will be sold only to Participating Insurance Companies and their separate accounts, qualified pension and retirement plans or such other persons as are permitted under applicable provisions of the Code and regulations promulgated thereunder, the sale to which will not impair the tax treatment currently afforded the Contracts. No Shares of any Fund will be sold directly to the general public. (e) Neither the Company nor the Trust will sell Shares to any insurance company or separate account unless an agreement containing provisions substantially the same as those in Sections 2, 3(g) and 6 of this Agreement are in effect to govern such sales. (f) Nationwide has policies and procedures in effect to detect and deter short-term or disruptive trading practices (“Market Timing”). Company and the Trust acknowledge that Nationwide shall apply its own trade monitoring and restriction policies and procedures to trading of Fund Shares hereunder which may differ from the criteria set forth in the Trust’s prospectuses and SAIs.

Distribution and Availability of Fund Shares in Connection with the Contracts. (a) Nationwide Broker-Dealers JNSC will perform Distribution Services in connection with certain classes of the Shares as set forth in this Section 2 and in Exhibit C. The Company C to this Agreement. NFD agrees to pay compensation to Nationwide Broker-Dealers JNSC for such Distribution Services based on the value of Shares of such classes held by the Variable Accounts in accordance with Section 8 of this Agreement. (b) Shares may be purchased or redeemed by each Variable Account on behalf of Contract Owners on a daily basis at the net asset value next computed after receipt and acceptance by the Company NFD or its designee of the order Order for purchase or redemption. In purchasing and redeeming Shares for the Variable Accounts, Nationwide Jefferson National will comply with the terms and conditions of this Agreement, and the terms and conditions of the Administrative Services Agreement. (c) The Company NFD and the Trust agree to make Shares of the Funds available for as long as they are offered for purchase at the applicable net asset value per share by Participating Insurance Companies and their separate accounts on those days on which the Trust calculates the net asset value of each Fund pursuant to rules of the SEC; provided, however, that the Company NFD and/or the Trust may refuse to sell Shares of any Fund to any person, or suspend or terminate the offering of Shares of any Fund if such action is required by law or by regulatory authorities having jurisdiction or is, in the CompanyNFD’s or the Trust’s sole discretion, acting in good faith and in light of its duties under federal and any applicable state laws, necessary and in the best interests of the shareholders of such Fund. (d) The Company NFD and the Trust agree that Shares of the Trust will be sold only to Participating Insurance Companies and their separate accounts, qualified pension and retirement plans or such other persons as are permitted under applicable provisions of the Code and regulations promulgated thereunder, the sale to which will not impair the tax treatment currently afforded the Contracts. No Shares of any Fund will be sold directly to the general public. (e) Neither the Company NFD nor the Trust will sell Shares to any insurance company or separate account unless an agreement containing provisions substantially the same as those in Sections 2, 3(g) and 6 of this Agreement are in effect to govern such sales. (f) Nationwide Jefferson National has policies and procedures in effect to detect and deter short-short term or disruptive excessive trading practices into and out of a Fund (“Market Timing”). Company Jefferson National’s Market Timing policies and procedures include, but are not limited to: monitoring Contract Owner trading activity, imposing trade restrictions and enforcing redemption fees imposed by the Funds (if applicable). NFD and the Trust acknowledge that Nationwide Jefferson National shall apply its own trade monitoring and restriction policies and procedures to trading of Fund Shares hereunder which may differ from the criteria set forth in the Trust’s prospectuses and SAIs. NFD’s or the Trust’s failure to reject any purchase Orders that might be deemed to be Market Timing shall not constitute a waiver of NFD’s or the Trust’s rights under this section.

Distribution and Availability of Fund Shares in Connection with the Contracts. (a) Nationwide Broker-Dealers will perform Distribution Services in connection with certain classes of the Shares as set forth in this Section 2 and in Exhibit C. The Company agrees to pay compensation to Nationwide Broker-Dealers for such Distribution Services based on the value of Shares of such classes held by the Variable Accounts in accordance with Section 8 10 of this Agreement. (b) Shares may be purchased or redeemed by each Variable Account on behalf of Contract Owners on a daily basis at the net asset value next computed after receipt and acceptance by the Company or its designee of the order for purchase or redemption. In purchasing and redeeming Shares for the Variable Accounts, Nationwide will comply with the terms and conditions of this Agreement, and the terms and conditions of the Administrative Services Agreement. (c) The Company and the Trust agree to make Shares of the Funds available for as long as they are offered for purchase at the applicable net asset value per share by Participating Insurance Companies and their separate accounts on those days on which the Trust calculates the net asset value of each Fund pursuant to rules of the SEC; provided, however, that the Company and/or the Trust may refuse to sell Shares of any Fund to any person, or suspend or terminate the offering of Shares of any Fund if such action is required by law or by regulatory authorities having jurisdiction or is, in the Company’s or the Trust’s sole discretion, acting in good faith and in light of its duties under federal and any applicable state laws, necessary and in the best interests of the shareholders of such Fund. (d) The Parties hereto acknowledge that the arrangement contemplated by this Agreement is not exclusive and that the Fund’s shares may be sold to other Participating Insurance Companies. (e) The Company and the Trust agree that Shares of the Trust will be sold only to Participating Insurance Companies and their separate accounts, qualified pension and retirement plans or such other persons as are permitted under applicable provisions of the Code and regulations promulgated thereunder, the sale to which will not impair the tax treatment currently afforded the Contracts. No Shares of any Fund will be sold directly to the general public. (e) Neither the Company nor the Trust will sell Shares to any insurance company or separate account unless an agreement containing provisions substantially the same as those in Sections 2, 3(g) and 6 of this Agreement are in effect to govern such sales. (f) Nationwide has policies and procedures in effect to detect and deter short-short term or disruptive excessive trading practices into and out of a Fund (“Market Timing”). Nationwide’s Market Timing policies and procedures include, but are not limited to: monitoring Contract Owner trading activity, imposing trade restrictions, and enforcing redemption fees imposed by the Funds (if applicable). The Company and the Trust acknowledge that Nationwide shall apply its own trade monitoring and restriction policies and procedures to trading of Fund Shares hereunder which may differ from the criteria set forth in the Trust’s prospectuses and SAIs.

Distribution and Availability of Fund Shares in Connection with the Contracts. (a) Nationwide Broker-Dealers will perform Distribution Services in connection with certain classes of the Shares as set forth in this Section 2 and in Exhibit C. The Company agrees to pay compensation to Nationwide Broker-Dealers for such Distribution Services based on the value of Shares of such classes held by the Variable Accounts in accordance with Section 8 of this Agreement. (b) Shares may be purchased or redeemed by each Variable Account on behalf of Contract Owners on a daily basis at the net asset value next computed after receipt and acceptance by the Company or its designee of the order for purchase or redemption. In purchasing and redeeming Shares for the Variable Accounts, Nationwide will comply with the terms and conditions of this Agreement, and the terms and conditions of the Administrative Services Agreement. (c) The Company and the Trust agree to make Shares of the Funds available for as long as they are offered for purchase at the applicable net asset value per share by Participating Insurance Companies and their separate accounts on those days on which the Trust calculates the net asset value of each Fund pursuant to rules of the SEC; provided, however, that the Company and/or the Trust may refuse to sell Shares of any Fund to any person, or suspend or terminate the offering of Shares of any Fund if such action is required by law or by regulatory authorities having jurisdiction or is, in the Company’s or the Trust’s sole discretion, acting in good faith and in light of its duties under federal and any applicable state laws, necessary and in the best interests of the shareholders of such Fund. (d) The Company and the Trust agree that Shares of the Trust will be sold only to Participating Insurance Companies and their separate accounts, qualified pension and retirement plans or such other persons as are permitted under applicable provisions of the Code and regulations promulgated thereunder, the sale to which will not impair the tax treatment currently afforded the Contracts. No Shares of any Fund will be sold directly to the general public. (e) Neither the Company nor the Trust will sell Shares to any insurance company or separate account unless an agreement containing provisions substantially the same as those in Sections 2, 3(g) and 6 of this Agreement are in effect to govern such sales. (f) Nationwide has policies and procedures in effect to detect and deter short-short term or disruptive excessive trading practices into and out of a Fund (“Market Timing”). Nationwide’s Market Timing policies and procedures include, but are not limited to: monitoring Contract Owner trading activity, imposing trade restrictions, and enforcing redemption fees imposed by the Funds (if applicable). The Company and the Trust acknowledge that Nationwide shall apply its own trade monitoring and restriction policies and procedures to trading of Fund Shares hereunder which may differ from the criteria set forth in the Trust’s prospectuses and SAIs.

Distribution and Availability of Fund Shares in Connection with the Contracts. (a) Nationwide Broker-Dealers will perform Distribution Services in connection with certain classes of the Shares as set forth in this Section 2 and in Exhibit C. The Company agrees to pay compensation to Nationwide Broker-Dealers for such Distribution Services based on the value of Shares of such classes held by the Variable Accounts in accordance with Section 8 of this Agreement. (b) Shares may be purchased or redeemed by each Variable Account on behalf of Contract Owners on a daily basis at the net asset value next computed after receipt and acceptance by the Company or its designee of the order for purchase or redemption. In purchasing and redeeming Shares for the Variable Accounts, Nationwide will comply with the terms and conditions of this Agreement, and the terms and conditions of the Administrative Services Agreement. (c) The Subject to the termination provisions of this Agreement, the Company and the Trust Corporation agree to make Shares of the Funds available for as long as they are offered for purchase at the applicable net asset value per share by to Participating Insurance Companies and their separate accounts on those days on which the Trust Corporation calculates the net asset value of each Fund pursuant to rules of the SEC; provided, however, that the Company and/or the Trust Corporation may refuse to sell Shares of any Fund to any person, or suspend or terminate the offering of Shares of any Fund if such action is required by law or by regulatory authorities having jurisdiction or is, in the Company’s or the TrustCorporation’s sole discretion, acting in good faith and in light of its duties under federal and any applicable state laws, necessary and in the best interests of the shareholders of such Fund. (d) The Company and the Trust Corporation agree that Shares of the Trust Corporation will be sold only to Participating Insurance Companies and their separate accounts, qualified pension and retirement plans or such other persons as are permitted under applicable provisions of the Code and regulations promulgated thereunderthereunder (and to the extent permitted by the Mixed and Shared Funding Order (as defined below)), the sale to which will not impair the tax treatment currently afforded the Contracts. Nationwide agrees that Corporation shares will be used only for the purposes of funding the Contracts and Variable Accounts. No Shares of any Fund will be sold directly to the general public. (e) Neither the Company nor the Trust Corporation will sell Shares to any insurance company or separate account unless an agreement containing provisions substantially the same as those in Sections 2, 3(g) and 6 7 of this Agreement are in effect to govern such sales. (f) Nationwide has policies and procedures in effect to detect and deter short-short term or disruptive excessive trading practices into and out of a Fund (“Market Timing”). Nationwide’s Market Timing policies and procedures include but are not limited to: monitoring Contract Owner trading activity, imposing trade restrictions, and enforcing redemption fees imposed by the Funds (if applicable). The Company and the Trust Corporation acknowledge that Nationwide shall apply its own trade monitoring and restriction policies and procedures to trading of Fund Shares hereunder which may differ from the criteria set forth in the Trust’s prospectuses and SAIshereunder.

Distribution and Availability of Fund Shares in Connection with the Contracts. (a) Nationwide Broker-Dealers will perform Distribution Services in connection with certain classes of the Shares as set forth in this Section 2 and in Exhibit C. The Company agrees to pay compensation to Nationwide Broker-Dealers for such Distribution Services based on the value of Shares of such classes held by the Variable Accounts in accordance with Section 8 of this Agreement.C. (b) Shares may be purchased or redeemed by each Variable Account on behalf of Contract Owners on a daily basis at the net asset value next computed after receipt and acceptance by the Company or its designee of the order for purchase or redemption. In purchasing and redeeming Shares for the Variable Accounts, Nationwide will comply with the terms and conditions of this Agreement, and the terms and conditions of the Administrative Services Agreement. (c) The Company and the Trust agree to make Shares of the Funds available for as long as they are offered for purchase at the applicable net asset value per share by Participating Insurance Companies and their separate accounts on those days on which the Trust calculates the net asset value of each Fund pursuant to rules of the SEC; provided, however, that the Company and/or the Trust may refuse to sell Shares of any Fund to any person, or suspend or terminate the offering of Shares of any Fund if such action is required by law or by regulatory authorities having jurisdiction or is, in the Company’s or the Trust’s sole discretion, acting in good faith and in light of its duties under federal and any applicable state laws, necessary and in the best interests of the shareholders of such Fund. (d) The Company and the Trust agree that Shares of the Trust will be sold only to Participating Insurance Companies and their separate accounts, qualified pension and retirement plans or such other persons as are permitted under applicable provisions of the Code and regulations promulgated thereunder, the sale to which will not impair the tax treatment currently afforded the Contracts. No Shares of any Fund will be sold directly to the general public.. DocuSign Envelope ID: F42A0E06-5685-46F1-9939-AB5EBA222398 (e) Neither the Company nor the Trust will sell Shares to any insurance company or separate account unless an agreement containing provisions substantially the same as those in Sections 2, 3(g) and 6 of this Agreement are in effect to govern such sales. (f) Nationwide has policies and procedures in effect to detect and deter short-short term or disruptive excessive trading practices into and out of a Fund (“Market Timing”). Nationwide’s Market Timing policies and procedures include, but are not limited to: monitoring Contract Owner trading activity, imposing trade restrictions, and enforcing redemption fees imposed by the Funds (if applicable). The Company and the Trust acknowledge that Nationwide shall apply its own trade monitoring and restriction policies and procedures to trading of Fund Shares hereunder which may differ from the criteria set forth in the Trust’s prospectuses and SAIs. Nationwide agrees to provide each Fund or its designee with a copy of the Market Timing procedures and such certifications and representations regarding the Market Timing procedures as the Fund or its designee may reasonably request. Nationwide will promptly notify the Funds of any material change to the Market Timing procedures. The parties agree to make reasonable efforts to address any conflict between the Market Timing procedures and actions taken or policies adopted by a Fund designed to minimize any adverse impact on other Fund investors due to excessive trading.

Distribution and Availability of Fund Shares in Connection with the Contracts. (a) Nationwide Broker-Dealers will perform Distribution Services in connection with certain classes of the Shares as set forth in this Section 2 and in Exhibit C. The Company Trust agrees to pay compensation to Nationwide Broker-Dealers for such Distribution Services based on the value of Shares of such classes held by the Variable Accounts in accordance with Section 8 of this Agreement. (b) Shares may be purchased or redeemed by each Variable Account on behalf of Contract Owners on a daily basis at the net asset value next computed after receipt and acceptance by the Company or its designee of the order for purchase or redemption. In purchasing and redeeming Shares for the Variable Accounts, Nationwide will comply with the terms and conditions of this Agreement, and the terms and conditions of the Administrative Services Agreement. (c) The Company and the Trust agree to make Shares of the Funds available for as long as they are offered for purchase at the applicable net asset value per share by Participating Insurance Companies and their separate accounts on those days on which the Trust calculates the net asset value of each Fund pursuant to rules of the SEC; provided, however, that the Company and/or the Trust may refuse to sell Shares of any Fund to any person, or suspend or terminate the offering of Shares of any Fund if such action is required by law or by regulatory authorities having jurisdiction or is, in the Company’s or the Trust’s sole discretion, acting in good faith and in light of its duties under federal and any applicable state laws, necessary and in the best interests of the shareholders of such Fund. (d) The Company and the Trust agree that Shares of the Trust will be sold only to Participating Insurance Companies and their separate accounts, qualified pension and retirement plans or such other persons as are permitted under applicable provisions of the Code and regulations promulgated thereunder, the sale to which will not impair the tax treatment currently afforded the Contracts. No Shares of any Fund will be sold directly to the general public. (e) Neither the Company nor the Trust will sell Shares to any insurance company or separate account unless an agreement containing provisions substantially the same as those in Sections 2, 3(g) and 6 of this Agreement are in effect to govern such sales. (f) Nationwide has policies and procedures in effect to detect and deter short-short term or disruptive excessive trading practices into and out of a Fund (“Market Timing”). Nationwide’s Market Timing policies and procedures include, but are not limited to: monitoring Contract Owner trading activity, imposing trade restrictions, and enforcing redemption fees imposed by the Funds (if applicable). The Company and the Trust acknowledge that Nationwide shall apply its own trade monitoring and restriction policies and procedures to trading of Fund Shares hereunder which may differ from the criteria set forth in the Trust’s prospectuses and SAIs.