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Common use of Diversification Clause in Contracts

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.

Appears in 23 contracts

Samples: Investment Management Agreement (Sun Life of Canada U S Variable Account G), Participation Agreement (Universal Institutional Funds Inc), Participation Agreement (Protective Variable Annuity Separate Account)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace time period afforded by Regulation 1.817-5.

Appears in 21 contracts

Samples: Participation Agreement (SBL Variable Annuity Account Xiv), Participation Agreement (SBL Variable Annuity Account Xiv), Participation Agreement (Standard Insurance Co)

Diversification. 6.1. 6.1 The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take all reasonable steps to (a) to notify the Company of such event and (b) to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817817-5.

Appears in 21 contracts

Samples: Participation Agreement (Guardian Separate Acct N of the Guardian Ins & Annuity Co), Participation Agreement (Ge Life & Annuity Assurance Co Iv), Participation Agreement (Ge Capital Life Separate Account Ii)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take all reasonable steps to (a) to notify the Company of such event and (b) to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817817-5.

Appears in 15 contracts

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

Diversification. 6.1. The Fund represents, that it and each Portfolio will use its best efforts to at all times to comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund a Portfolio ceases to so qualify, it the Fund will take all reasonable steps to (a) to notify the Company of such event breach and (b) to adequately diversify the Fund Portfolio so as to achieve compliance within the grace period afforded by Regulation 1.817817-5.

Appears in 15 contracts

Samples: Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins), Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins), Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace time period afforded by Regulation 1.817-5.

Appears in 12 contracts

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

Diversification. 6.1. The Subject to the following sentence, the Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event of any changes to such Section or Regulations relating to the treatment of variable contracts, the Company will advise the Fund ceases to so qualify, it will take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5changes.

Appears in 12 contracts

Samples: Participation Agreement (First Golden American Life Insurance Co of New York), Participation Agreement (Separate Account Ny-B of First Golden Amer Life Ins Co of Ny), Participation Agreement (Separate Account Ny-B of First Golden Amer Life Ins Co of Ny)

Diversification. 6.1. The Adviser and the Fund will use its their best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it the Adviser and the Fund will take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace time period afforded by Regulation 1.817-5.

Appears in 6 contracts

Samples: Investment Management Agreement (Universal Institutional Funds Inc), Investment Management Agreement (Genworth Life & Annuity VA Separate Account 1), Investment Management Agreement (Genworth Life of New York VA Separate Account 1)

Diversification. 6.1. 6.1 The Fund will use its best commercially reasonable efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take all reasonable steps to (a) to notify the Company of such event and (b) to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817817-5.

Appears in 5 contracts

Samples: Participation Agreement (Guardian Separate Acct N of the Guardian Ins & Annuity Co), Participation Agreement (Guardian Separate Acct N of the Guardian Ins & Annuity Co), Participation Agreement (Guardian Separate Account K)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to (aimmediately(a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace time period afforded by Regulation 1.817-5.

Appears in 4 contracts

Samples: Participation Agreement (Lincoln Life & Annuity Flexible Premium Variable Life Account M), Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M), Participation Agreement (Lincoln Life Variable Annuity Account N)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace time period afforded by Regulation 1.817-5.

Appears in 4 contracts

Samples: Participation Agreement (KILICO Variable Annuity Separate Account - 3), Participation Agreement (KILICO Variable Annuity Separate Account - 3), Participation Agreement (KILICO Variable Annuity Separate Account - 3)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to (a) immediately notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace time period afforded by Regulation 1.817-5.

Appears in 4 contracts

Samples: Participation Agreement (Delaware Life Variable Account F), Investment Management Agreement (Sun Life (N.Y.) Variable Account J), Participation Agreement (Sun Life of Canada U S Variable Account I)

Diversification. 6.1. The Fund represents, that it and each Portfolio will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund a Portfolio ceases to so qualify, it the Fund will take all reasonable steps to (a) to notify the Company of such event breach and (b) to adequately diversify the Fund Portfolio so as to achieve compliance within the grace period afforded by Regulation 1.817817-5.

Appears in 3 contracts

Samples: Participation Agreement (First Symetra National Life Insurance Co of Ny Sep Acct S), Participation Agreement (Hartford Life Insurance Co Separate Account Two Dc Var Ac Ii), Participation Agreement (Symetra Resource Variable Account B)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.

Appears in 3 contracts

Samples: Participation Agreement (Carillon Life Account), Investment Management Agreement (Columbus Life Separate Account 1), Participation Agreement (Separate Account Va S)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.8171 817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace time period afforded by Regulation 1.8171 817-5.

Appears in 3 contracts

Samples: Participation Agreement (Variable Annuity Account A), Participation Agreement (Variable Annuity Account A), Participation Agreement (Variable Annuity Account B)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take all reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.

Appears in 2 contracts

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

Diversification. 6.17.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.

Appears in 2 contracts

Samples: Investment Management Agreement (American Enterprise Variable Annuity Account), Investment Management Agreement (Columbus Life Separate Account 1)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.In

Appears in 2 contracts

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

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Internal Revenue Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulationscontracts. In the event of a breach of this Article VI by the Fund ceases to so qualifyFund, it will take all reasonable steps to steps: (a) to notify the Company of such event breach; and (b) to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5Treasury Regulation.

Appears in 2 contracts

Samples: Participation Agreement (Ids Life of New York Account 8), Participation Agreement (Ids Life of New York Flexible Portfolio Annuity Account)

Diversification. 6.1. The Subject to the following sentence, the Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or RegulationsRegulation. In the event of any changes to such Section or Regulation relating to the treatment of variable contracts, the Company will advise the Fund ceases to so qualify, it will take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5changes.

Appears in 2 contracts

Samples: Participation Agreement (First Golden American Life Insurance Co of New York), Participation Agreement (Separate Account Ny-B of First Golden Amer Life Ins Co of Ny)

Diversification. 6.1. 6.1 The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take all reasonable steps to (a) to notify the Company of such event and (b) to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817817-5.. ARTICLE 7

Appears in 2 contracts

Samples: Participation Agreement (Allstate Life of N Y Var Life Sep Acct A), Participation Agreement (Lincoln Benefit Life Variable Annuity Account)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace time period afforded by Regulation 1.817-5.

Appears in 2 contracts

Samples: Participation Agreement (MEMBERS Horizon Variable Separate Account), Investment Management Agreement (Variable Annuity Account a of Protective Life)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to immediately (a) notify the Company of such event and (b) take action to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.

Appears in 1 contract

Samples: Investment Management Agreement (Sun Life of Canada U S Variable Account G)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will immediately take reasonable steps to (a) notify the Company of such event and (b) take action to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.

Appears in 1 contract

Samples: Investment Management Agreement (Sun Life of Canada U S Variable Account G)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will as soon as practicable take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.

Appears in 1 contract

Samples: Investment Management Agreement (Lpla Separate Account One)

Diversification. 6.1. 6.1 The Fund will use its best efforts to at all statutorily required times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take all reasonable steps to (a) to notify the Company of such event and (b) to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817817-5.

Appears in 1 contract

Samples: Participation Agreement (Sage Life Assurance of America Inc)

Diversification. 6.1. 6.1 The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take all reasonable steps to (a) to notify the Company of such event and (b) to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.. ARTICLE 7

Appears in 1 contract

Samples: Participation Agreement (Variable Annuity Account)

Diversification. 6.1. The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.8171 817-5, relating to the diversification requirements for annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take reasonable steps to (a) notify the Company of such event and (b) adequately diversify the Fund so as to achieve compliance within the grace time period afforded by Regulation 1.817-5.

Appears in 1 contract

Samples: Participation Agreement (Variflex)

Diversification. 6.1. 6.1 The Fund will use its best efforts to at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-51.8175, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event the Fund ceases to so qualify, it will take all reasonable steps to (a) to notify the Company of such event and (b) to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-58175.

Appears in 1 contract

Samples: Participation Agreement (Van Kampen Life Investment Trust)