Common use of EXCESSIVE TRADING ACTIVITY Clause in Contracts

EXCESSIVE TRADING ACTIVITY. 4.1. The Fund may refuse to sell Shares of any Portfolios to any person, or suspend or terminate the offering of the Shares of any Portfolios if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Board of Trustees, deemed necessary, desirable or appropriate. The Fund reserves right to reject any purchase order, including those purchase orders with respect to shareholders or accounts whose trading has been or may be disruptive to the Fund or that may otherwise adversely affect the Fund. The Company agrees to use its reasonable best efforts to render assistance to, and to cooperate with, the Fund to achieve compliance with the Fund's policies and restrictions on short-term or excessive trading activity as they may be amended from time to time, or to the extent required by applicable regulatory requirements. 4.2. To the extent required by applicable laws, rules, or regulations, or in the event the Company has the ability to do so, the Company will provide the Fund the Taxpayer Identification Number or other identifying information contained in the Company's records, of any particular or all Contract owners that purchased, redeemed, transferred, or exchanged Shares of the Portfolios, and the amount and dates of such purchases, redemptions, transfers and exchanges during the period covered by the request. The Company will also execute any instructions from the Fund to restrict or prohibit further purchases or exchanges of Shares by a Contract owner who has been identified by the Company or the Fund as having engaged in transactions in such Shares that violate the Fund's policies and restrictions on short term or excessive trading activity. The Company must provide written confirmation to the Fund that the instructions have been executed. In addition, the Company understands that consistent with federal and state laws, the Fund may impose redemption fees on the redemption of Shares held for a short period of time as may be specified in the Fund's prospectuses, and the Company agrees that, to the extent it may make such Portfolio available, it will ensure that any redemption by a Contract owner will comply with such requirements.

EXCESSIVE TRADING ACTIVITY. 4.1. The Fund may refuse to sell Shares of any Portfolios to any person, or suspend or terminate the offering of the Shares of any Portfolios if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Board of Trustees, deemed necessary, desirable or appropriate. The Fund reserves right to reject any purchase order, including those purchase orders with respect to shareholders or accounts whose trading has been or may be disruptive to the Fund or that may otherwise adversely affect the Fund. The Company agrees to use its reasonable best efforts to render assistance to, and to cooperate with, the Fund to achieve compliance with the Fund's ’s policies and restrictions on short-term or excessive trading activity as they may be amended from time to time, or to the extent required by applicable regulatory requirements. 4.2. To the extent required by applicable laws, rules, or regulations, or in the event the Company has the ability to do so, the Company will provide the Fund the Taxpayer Identification Number or other identifying information contained in the Company's ’s records, of any particular or all Contract owners that purchased, redeemed, transferred, or exchanged Shares of the Portfolios, and the amount and dates of such purchases, redemptions, transfers and exchanges during the period covered by the request. The Company will also execute any instructions from the Fund to restrict or prohibit further purchases or exchanges of Shares by a Contract owner who has been identified by the Company or the Fund as having engaged in transactions in such Shares that violate the Fund's ’s policies and restrictions on short term or excessive trading activity. The Company must provide written confirmation to the Fund that the instructions have been executed. In addition, the Company understands that consistent with federal and state laws, the Fund may impose redemption fees on the redemption of Shares held for a short period of time as may be specified in the Fund's ’s prospectuses, and the Company agrees that, to the extent it may make such Portfolio available, it will ensure that any redemption by a Contract owner will comply with such requirements.