Common use of DUTIES OF INSURANCE COMPANY Clause in Contracts

DUTIES OF INSURANCE COMPANY. a. Insurance Company will administer the Contracts and the Accounts, including all Contractholder service and communication activities, such as: filing any reports or other filings required by any law or regulation; establishing each Account; creating the Contracts, confirmation and other administrative forms or documents; and obtaining all required regulatory approvals to permit the sale and maintenance of the Contracts. b. In marketing its Contracts, the Insurance Company will comply in all material respects with applicable state insurance and federal and state securities laws. The Insurance Company may market the Contracts it issues through insurance agencies or brokers including those which may be controlled by insurance companies. c. Insurance Company will not distribute any prospectus, sales literature, advertising material or any other printed matter or material relating to the Contracts, the Series or the Funds, if, to its knowledge, any of the foregoing contains any material misstatements or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading. d. Insurance Company will provide to AFD and/or CRMC, upon AFD’s and/or CRMC’s request, at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions or requests for no-action letters, and all amendments to any of the above that materially impact the Series relate to the Contracts. Insurance Company will advise AFD and CRMC immediately of: (i) the issuance by the SEC of any stop order suspending the effectiveness of the registration statement of the Contracts or the initiation of any proceedings for that purpose; (ii) the institution of any regulatory proceeding, investigation or hearing involving the offer or sale of the Contracts of which it becomes aware; or (iii) the occurrence of any material event that, if known, makes untrue any statement made in the registration statement of the Contracts or the Series or which requires the making of a change therein in order to make any statement made therein not misleading. e. Insurance Company or its agents will receive and process applications and purchase payments in accordance with the terms of the Contracts and the current prospectus. All applications for Contracts are subject to acceptance or rejection by Insurance Company in its sole discretion. f. As long as Contracts are available for continuous offering, Insurance Company shall amend its registration statement for its Contracts under the 1933 Act and the 1940 Act from time to time as required by law, and, should it ever be required, under the state securities laws, in order to effect the continuous offering of its Contracts; and Insurance Company shall file for approval of the Contracts under state insurance laws, when necessary, and to maintain registration of the Accounts (unless the Accounts are exempt from such registration) under the 1940 Act. g. Insurance Company may invoke its then existing limits on transfers as stated in the Contracts or in a Contract’s prospectus. Insurance Company reserves the right to refuse, to impose limitations on, or to limit any transaction request if the request would tend to disrupt Contract administration or is not in the best interest of the Contractholders as a group or an Account or Subaccount, or for any other legal reason. h. Insurance Company agrees to provide information in writing to AFD and CRMC, on a monthly basis, regarding the gross sales of each Fund offered as an underlying investment under the Contracts.

DUTIES OF INSURANCE COMPANY. a. Insurance Company will administer the Contracts and the Accounts, including all Contractholder Contract owner service and communication activities, such as: filing any reports or other filings filings, pertaining to the Contracts or Accounts, as required by any law or regulation; establishing each Account; creating the Contracts, confirmation and other administrative forms or documentsdocuments pertaining to transactions under the Contracts; and obtaining all required regulatory approvals to permit the sale and maintenance of the Contracts. b. The Insurance Company will make reasonable efforts to market its Contracts. In marketing its Contracts, the Insurance Company will comply in all material respects with applicable state insurance and federal and state securities laws. The Insurance Company may market the Contracts it issues through insurance agencies or brokers including those which may be controlled by insurance companies. c. Insurance Company will not distribute any prospectus, sales literature, advertising material or any other printed matter or material relating to the Contracts, the Series or the Funds, if, to its knowledge, any of the foregoing contains any material misstatements or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading. d. Insurance Company will provide to AFD and/or CRMC, upon AFD’s and/or CRMC’s request, at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions or requests for no-action letters, and all amendments to any of the above above, that materially impact impacts the Series relate Series, any Fund or their relationship to the Contracts. Insurance Company will advise AFD and CRMC immediately upon becoming aware of: (i) the issuance by the SEC of any stop order suspending the effectiveness of the registration statement of the Contracts or the initiation of any proceedings for that purpose; (ii) the institution of any regulatory proceeding, investigation or hearing involving the offer or sale of the Contracts of which it becomes aware; or (iii) the occurrence of any material event that, if known, makes untrue any statement made in the registration statement of the Contracts or the Series or which requires the making of a change therein in order to make any statement made therein not misleading. e. Insurance Company or its agents will receive and process applications and purchase payments in accordance with the terms of the Contracts and the current prospectus. All applications for Contracts are subject to acceptance or rejection by Insurance Company in its sole discretion. f. As long as Contracts are available for continuous offering, Insurance Company shall amend its registration statement for its Contracts under the 1933 Act and the 1940 Act from time to time as required by law, and, should it ever be required, under the state securities laws, in order to effect the continuous offering of its Contracts; and Insurance Company shall file for approval of the Contracts under state insurance laws, when necessary, and to maintain registration of the Accounts as unit investment trusts in accordance with the provisions of the 1940 Act to serve as segregated investment accounts for the Contracts (unless the Accounts are exempt from such registration) under the 1940 Actfor so long as any Contracts are outstanding, as applicable. g. Insurance Company may invoke its then existing limits on transfers as stated in the Contracts or in a Contract’s prospectus. Insurance Company reserves the right to refuse, to impose limitations on, or to limit any transaction request if the request would tend to disrupt Contract administration or is not in the best interest of the Contractholders as a group Contract holders or an Account or Subaccount, or for any other legal reason. h. Insurance Company agrees to provide information (in writing writing) to AFD and CRMC, CRMC on a monthly basis, regarding the gross sales of each Fund offered as an underlying investment under the Contracts.

DUTIES OF INSURANCE COMPANY. a. Insurance Company will administer the Contracts and the Accounts, including all Contractholder Contract owner service and communication activities, such as: filing any reports or other filings required by any law or regulation; establishing each Account; creating the Contracts, confirmation and other administrative forms or documents; and obtaining all required regulatory approvals to permit the sale and maintenance of the Contracts. b. The Insurance Company will make reasonable efforts to market its Contracts. In marketing its Contracts, the Insurance Company will comply in all material respects with applicable state insurance and federal and state securities laws. The Insurance Company may market the Contracts it issues through insurance agencies or brokers including those which may be controlled by insurance companies. c. Insurance Company will not distribute any prospectus, sales literature, advertising material or any other printed matter or material relating to the Contracts, the Series or the Funds, if, to its knowledge, any of the foregoing contains any material misstatements or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading. d. Insurance Company will provide to AFD and/or CRMC, upon AFD’s 's and/or CRMC’s 's request, at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions or requests for no-action letters, and all amendments to any of the above above, that materially impact impacts the Series relate relationship to the Contracts. Insurance Company will advise AFD and CRMC immediately promptly of: (i) the issuance by the SEC of any stop order suspending the effectiveness of the registration statement of the Contracts or the initiation of any proceedings for that purpose; (ii) the institution of any regulatory proceeding, investigation or hearing involving the offer or sale of the Contracts of which it becomes awareaware that could materially affect its ability to offer or sell the Contracts; or (iii) the occurrence of any material event that, if known, makes untrue any statement made in the registration statement of the Contracts or the Series or which requires the making of a change therein in order to make any statement made therein not misleading. e. Insurance Company or its agents will receive and process applications and purchase payments in accordance with the terms of the Contracts and the current prospectus. All applications for Contracts are subject to acceptance or rejection by Insurance Company in its sole discretion. f. As long as Contracts are available for continuous offering, Insurance Company shall amend its registration statement for its Contracts under the 1933 Act and the 1940 Act from time to time as required by law, and, should it ever be required, under the state securities laws, in order to effect the continuous offering of its Contracts; and Insurance Company shall file for approval of the Contracts under state insurance laws, when necessary, and to maintain registration of the Accounts (unless the Accounts are exempt from such registration) under the 1940 Act. g. Insurance Company may invoke its then existing limits on transfers as stated in the Contracts or in a Contract’s 's prospectus. Insurance Company reserves the right to refuse, to impose limitations on, or to limit any transaction request if the request would tend to disrupt Contract administration or is not in the best interest of the Contractholders as a group Contract holders or an Account or Subaccount, or for any other legal reason. h. Insurance Company agrees to provide information (in writing writing) to AFD and CRMCCRMC monthly , on a monthly Fund basis, regarding the gross volume of sales of the Contracts and the amount of sales in each Fund offered as an underlying investment under state in which the ContractsContracts are sold.