Common use of Expense Cap Clause in Contracts

Expense Cap. For each of the Fund's full fiscal years this Agreement remains in force, SMC agrees that if total annual expenses of each Series of the Fund identified below, exclusive of interest, taxes, extraordinary expenses (such as litigation), brokerage fees and commissions, and 12b-1 fees paid under a Fund's Class A, Class B or Class C Distribution Plans, but inclusive of SMC's compensation, exceeds the amount set forth below (the "Expense Cap"), SMC will contribute to such Series such funds or waive such portion of its fee, adjusted monthly, as may be required to insure that the total annual expenses of the Series will not exceed the Expense Cap. If this Agreement shall be effective for only a portion of a Series' fiscal year, then the maximum annual expenses shall be prorated for such portion. EXPENSE CAP International Series, Class A, B and C shares - 2.25% Enhanced Index Series, Class A, B and C shares - 1.75% Select 25 Series, Class A, B and C shares - 1.75%

Expense Cap. For each of the Fund's full fiscal years year this Agreement remains in force, SMC SMC, LLC agrees that if total annual expenses of each Series of the Fund identified below, exclusive of interest, taxes, extraordinary expenses (such as litigation), brokerage fees and commissions, and 12b-1 fees paid under a Fund's Class A, Class B or Class C Distribution Plans, but inclusive of SMCSMC LLC's compensation, exceeds the amount set forth below (the "Expense Cap"), SMC SMC, LLC will contribute to such Series such funds or waive such portion of its fee, adjusted monthly, as may be required to insure that the total annual expenses of the Series will not exceed the Expense Cap. If this Agreement shall be effective for only a portion of a Series' fiscal year, then the maximum annual expenses shall be prorated for such portion. EXPENSE CAP Expense Cap International Series, Class A, B and C shares - 2.25% Enhanced Index Series, Class A, B and C shares - 1.75% Select 25 Series, Class A, B and C shares - 1.75% (a) and 3(b) shall be deleted in their entirety and the following paragraphs inserted in lieu thereof:

Expense Cap. For each of the Fund's full fiscal years that this Agreement remains in force, SMC agrees that if total annual expenses of each Series of the Fund identified below, exclusive of interest, taxes, extraordinary expenses (such as litigation), brokerage fees and commissions, and 12b-1 fees paid under a Fund's Class A, Class B B, Class C or Class C S Distribution Plans, but inclusive of SMC's compensation, exceeds the amount set forth below (the "Expense Cap"), SMC will shall contribute to such Series such funds or waive such portion of its fee, adjusted monthly, as may be required to insure that the total annual expenses of the Series will shall not exceed the Expense Cap. If this Agreement shall be effective for only a portion of a Series' fiscal year, then the maximum annual expenses shall be prorated for such portion. EXPENSE CAP International Series, Class A, B B, C and C S shares - 2.25% Enhanced Index Series, Class A, B B, C and C S shares - 1.75% Select 25 Series, Class A, B B, C and C S shares - 1.75%

Expense Cap. For each of the Fund's full fiscal years this Agreement remains in force, SMC agrees that if total annual expenses of each Series of the Fund identified below, exclusive of interest, taxes, extraordinary expenses (such as litigation), brokerage fees and commissions, and 12b-1 fees paid under a Fund's Class A, Class B B, Class C, or Class C S Distribution Plans, but inclusive of SMC's compensation, exceeds the amount set forth below (the "Expense Cap"), SMC will contribute to such Series such funds or waive such portion of its fee, adjusted monthly, as may be required to insure that the total annual expenses of the Series will not exceed the Expense Cap. If this Agreement shall be effective for only a portion of a Series' fiscal year, then the maximum annual expenses shall be prorated for such portion. EXPENSE CAP International Series, Class A, B B, C, and C S shares - 2.25% Enhanced Index Series, Class A, B B, C, and C S shares - 1.75% Select 25 Series, Class A, B B, C, and C S shares - 1.75%

Expense Cap. For each of the Fund's full fiscal years that this Agreement remains in force, SMC agrees that if total annual expenses of each Series of the Fund identified below, exclusive of interest, taxes, extraordinary expenses (such as litigation), brokerage fees and commissions, and 12b-1 fees paid under a Fund's Class A, Class B or Class C Distribution Plans, but inclusive of SMC's compensation, exceeds the amount set forth below (the "Expense Cap"), SMC will shall contribute to such Series such funds or waive such portion of its fee, adjusted monthly, as may be required to insure that the total annual expenses of the Series will shall not exceed the Expense Cap. If this Agreement shall be effective for only a portion of a Series' fiscal year, then the maximum annual expenses shall be prorated for such portion. EXPENSE CAP International Series, Class A, B and C shares - 2.25% Expense Cap Enhanced Index Series, Class A, B and C shares - 1.75% Select 25 Series, Class A, B and C shares - 1.75%

Expense Cap. For each of the Fund's full fiscal years that this Agreement remains in force, SMC agrees that if total annual expenses of each Series of the Fund identified below, exclusive of interest, taxes, extraordinary expenses (such as litigation), brokerage fees and commissions, and 12b-1 fees paid under a Fund's Class A, Class B B, Class C or Class C S Distribution Plans, but inclusive of SMC's compensation, exceeds the amount set forth below (the "Expense Cap"), SMC will shall contribute to such Series such funds or waive such portion of its fee, adjusted monthly, as may be required to insure that the total annual expenses of the Series will shall not exceed the Expense Cap. If this Agreement shall be effective for only a portion of a Series' fiscal year, then the maximum annual expenses shall be prorated for such portion. EXPENSE CAP International Series, Class A, B B, C and C S shares - 2.25% Enhanced Index Series, ,Class A, B B, C and C S shares - 1.75% Select 25 Series, Class A, B B, C and C S shares - 1.75%