Common use of Fund Prospectuses Clause in Contracts

Fund Prospectuses. With respect to existing Participants, the Fund shall pay the cost of setting in type and printing Fund Prospectuses made available by the Company to such existing Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Act. With respect to existing Participants, in the event the Company elects to prepare a Combined Prospectus, the Fund shall pay the cost of setting in type and printing the Fund Portion of the Combined Prospectus made available by the Company to its existing Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Act. In such event, the Fund shall bear the cost of typesetting to provide the Fund Prospectus to the Company in the format in which the Fund is accustomed to formatting prospectus. Notwithstanding the foregoing, in no event shall the Fund pay for any such costs that exceed by more than five (5) percent what the Fund would have paid to print such documents. The Fund shall not pay any costs of typesetting and printing the Fund Prospectus (or Combined Prospectus, if applicable) to prospective Participants. Fund SAIs, Fund Reports and Proxy Material With respect to existing Participants, the Fund shall pay the cost of setting in type and printing Fund SAIs, Fund Reports and Fund proxy material made available by the Company to its existing Participants. With respect to existing Participants, in the event the Company elects to prepare a Combined SAI or Combined Reports, the Fund shall pay the cost of setting in type and printing the Fund Portion of the Combined SAI or Combined Reports, respectively, made available by the Company to its existing Participants. In such event, the Fund shall bear the cost of typesetting to provide the Fund SAI or Fund Reports to the Company in the format in which the Fund is accustomed to formatting statements of additional information and annual and semi-annual reports. Notwithstanding the foregoing, in no event shall the Fund pay for any such costs that exceed by more than five (5) percent what the Fund would have paid to print such documents. The Company agrees to provide the Fund or its designee with such information as may be reasonably requested by the Fund to assure that the Fund’s expenses do not include the cost of typesetting, printing or distributing any of the foregoing documents other than as described above.

Fund Prospectuses. With respect to existing prospective Participants, the Fund Underwriter shall pay one half of the cost of setting in type type, printing and printing distributing Fund Prospectuses made available by the Company as sales literature to such existing Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Actprospective Participants. With respect to existing prospective Participants, in the event the Company elects to prepare a Combined Prospectus, the Fund Underwriter shall pay one half of the cost of setting in type printing and printing the Fund Portion of distributing the Combined Prospectus made available by the Company to its existing prospective Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Actsales literature. In such event, the Fund Underwriter shall bear the cost of typesetting to provide the Fund Prospectus to the Company in the format in which the Fund is accustomed to formatting prospectusprospectuses. Notwithstanding the foregoing, in no event shall the Fund Underwriter pay for any such costs that exceed by more than five (5) percent what the Underwriter and the Fund would have paid to print such documents. The Fund shall not pay any costs of typesetting and printing the Fund Prospectus (or Combined ProspectusFUND SAIS, if applicable) FUND REPORTS AND PROXY MATERIAL. With respect to prospective Participants. Fund SAIs, Fund Reports and Proxy Material With respect to existing Participants, the Fund Underwriter shall pay one half of the cost of setting in type and printing Fund SAIs, Fund Reports and Fund proxy material made available by the Company to its existing Participantsprospective Participants as sales literature. With respect to existing Participants, in In the event the Company elects to prepare a Combined SAI or Combined Reports, the Fund Underwriter shall pay one half of the cost of setting in type and printing the Fund Portion of the Combined SAI or Combined Reports, respectively, made available by the Company to its existing Participantsprospective Participants as sales literature. In such event, the Fund Underwriter shall bear the cost of typesetting to provide the Fund SAI or and Fund Reports to the Company in the format in which the Fund is accustomed to formatting statements of additional information and annual and semi-annual reports. Notwithstanding the foregoing, in no event shall the Fund Underwriter pay for any such costs that exceed by more than five (5) percent what the Underwriter and the Fund would have paid to print such documents. The Company agrees to provide the Fund or its designee with such information as may be reasonably requested by the Fund to assure that the Fund’s expenses do not include Underwriter shall pay one half the cost of typesettingdistributing Fund SAIs, printing or distributing any of the foregoing documents other than Combined SAIs, Fund Reports, Combined Reports, and Fund proxy material to such prospective Participants as described abovesales literature.

Fund Prospectuses. With respect to existing Participants, the Fund shall pay the cost of setting in type and printing and distributing Fund Prospectuses made available by the Company to such existing Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Act. With respect to existing Participants, in the event the Company elects to prepare a Combined Prospectus, the Fund shall pay the cost of setting in type and printing and distributing the Fund Portion of the Combined Prospectus made available by the Company to its existing Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Act. In such event, the Fund shall bear the cost of typesetting to provide the Fund Prospectus to the Company in the format in which the Fund is accustomed to formatting prospectus. Notwithstanding the foregoing, in no event shall the Fund pay for any such costs that exceed by more than five (5) percent what the Fund would have paid to print such documents. The Fund shall not pay any costs of typesetting and printing the Fund Prospectus (or Combined Prospectus, if applicable) to prospective Participants. Fund SAIs, Fund Reports and Proxy Material With respect to existing Participants, the Fund shall pay the cost of setting in type and printing and distributing Fund SAIs, Fund Reports and Fund proxy material made available by the Company to its existing Participants. With respect to existing Participants, in the event the Company elects to prepare a Combined SAI or Combined Reports, the Fund shall pay the cost of setting in type and printing and distributing the Fund Portion of the Combined SAI or Combined Reports, respectively, made available by the Company to its existing Participants. In such event, the Fund shall bear the cost of typesetting to provide the Fund SAI or Fund Reports to the Company in the format in which the Fund is accustomed to formatting statements of additional information and annual and semi-annual reports. Notwithstanding the foregoing, in no event shall the Fund pay for any such costs that exceed by more than five (5) percent what the Fund would have paid to print such documents. The Company agrees to provide the Fund or its designee with such information as may be reasonably requested by by’ the Fund to assure that the Fund’s expenses do not include the cost of typesetting, printing or distributing any of the foregoing documents other than as described above.

Fund Prospectuses. With respect to existing Participants, the Fund shall pay the cost of setting in type type, printing and printing distributing Fund Prospectuses made available by the Company to such existing Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Act. With respect to existing Participants, in the event the Company elects to prepare a Combined Prospectus, the Fund shall pay the cost of setting in type printing and printing distributing the Fund Portion of the Combined Prospectus made available by the Company to its existing Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Act. In such event, the Fund shall bear the cost of typesetting to provide the Fund Prospectus to the Company in the format in which the Fund is accustomed to formatting prospectusprospectuses. Notwithstanding the foregoing, in no event shall the Fund pay for any such costs that exceed by more than five (5) percent what the Fund would have paid to print such documents. The Fund shall not pay any costs of typesetting typesetting, printing and printing distributing the Fund Prospectus (or Combined Prospectus, if applicable) to prospective Participants. Fund SAIs, Fund Reports and Proxy Material Material. With respect to existing Participants, the Fund shall pay the cost of setting in type and printing Fund SAIs, Fund Reports and Fund proxy material made available by the Company to its existing Participants. With respect to existing Participants, in the event the Company elects to prepare a Combined SAI or Combined Reports, the Fund shall pay the cost of setting in type and printing the Fund Portion of the Combined SAI or Combined Reports, respectively, made available by the Company to its existing Participants. In such event, the Fund shall bear the cost of typesetting to provide the Fund SAI or Fund Reports to the Company in the format in which the Fund is accustomed to formatting statements of additional information and annual and semi-annual reports. Notwithstanding the foregoing, in no event shall the Fund pay for any such costs that exceed by more than five (5) percent what the Fund would have paid to print such documents. The Fund shall pay one half the cost of distributing Fund SAIs, Fund Reports, and Fund proxy statement and proxy-related material to such existing Participants. The Fund shall pay the cost of distributing the Fund Portion of the Combined SAIs and the Fund Portion of the Combined Reports. The Fund shall not pay any costs of distributing Fund SAIs, Combined SAIs, Fund Reports, Combined Reports or proxy statement or proxy-related material to prospective Participants. The Company agrees to provide the Fund or its designee with such information as may be reasonably requested by the Fund to assure that the Fund’s 's expenses do not include the cost of typesetting, printing or distributing any of the foregoing documents other than as described abovethose actually distributed to existing Participants. The Fund shall pay no fee or other compensation to the Company under this Agreement, except that if the Fund or any Portfolio adopts and implements a plan pursuant to Rule 12b-1 to finance distribution expenses, then the Underwriter may make payments to the Company or to the underwriter for the Contracts if and in amounts agreed to by the Underwriter in writing. All expenses, including expenses to be borne by the Fund pursuant to Section 3.2 hereof, incident to performance by the Fund under this Agreement shall be paid by the Fund. The Fund shall see to it that all its shares are registered and authorized for issuance in accordance with applicable federal law and, if and to the extent deemed advisable by the Fund, in accordance with applicable state laws prior to their sale. The Fund shall bear the expenses for the cost of registration and qualification of the Fund's shares.

Fund Prospectuses. With respect to existing Participants, the Fund shall pay the cost of setting in type type, printing and printing distributing Fund Prospectuses made available by the Company to such existing Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Act. With respect to existing Participants, in the event the Company elects to prepare a Combined Prospectus, the Fund shall pay the cost of setting in type printing and printing distributing the Fund Portion of the Combined Prospectus made available by the Company to its existing Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Act. In such event, the Fund shall bear the cost of typesetting to provide the Fund Prospectus to the Company in the format in which the Fund is accustomed to formatting prospectusprospectuses. Notwithstanding the foregoing, in no event shall the Fund pay for any such costs that exceed by more than five (5) percent what the Fund would have paid to print such documents. The Fund shall not pay any costs of typesetting typesetting, printing and printing distributing the Fund Prospectus (or Combined Prospectus, if applicable) to prospective Participants. Fund SAIsFUND SAIS, Fund Reports and Proxy Material FUND REPORTS AND PROXY MATERIAL. With respect to existing Participants, the Fund shall pay the cost of setting in type and printing Fund SAIs, Fund Reports and Fund proxy material made available by the Company to its existing Participants. With respect to existing Participants, in the event the Company elects to prepare a Combined SAI or Combined Reports, the Fund shall pay the cost of setting in type and printing the Fund Portion of the Combined SAI or Combined Reports, respectively, made available by the Company to its existing Participants. In such event, the Fund shall bear the cost of typesetting to provide the Fund SAI or Fund Reports to the Company in the format in which the Fund is accustomed to formatting statements of additional information and annual and semi-annual reports. Notwithstanding the foregoing, in no event shall the Fund pay for any such costs that exceed by more than five (5) percent what the Fund would have paid to print such documents. The Fund shall pay one half the cost of distributing Fund SAIs, Fund Reports, and Fund proxy statement and proxy-related material to such existing Participants. The Fund shall pay the cost of distributing the Fund Portion of the Combined SAIs and the Fund Portion of the Combined Reports. The Fund shall not pay any costs of distributing Fund SAIs, Combined SAIs, Fund Reports, Combined Reports or proxy statement or proxy-related material to prospective Participants. The Company agrees to provide the Fund or its designee with such information as may be reasonably requested by the Fund to assure that the Fund’s 's expenses do not include the cost of typesetting, printing or distributing any of the foregoing documents other than as described abovethose actually distributed to existing Participants. The Fund shall pay no fee or other compensation to the Company under this Agreement, except that if the Fund or any Portfolio adopts and implements a plan pursuant to Rule 12b-1 to finance distribution expenses, then the Underwriter may make payments to the Company or to the underwriter for the Contracts if and in amounts agreed to by the Underwriter in writing. All expenses, including expenses to be borne by the Fund pursuant to Section 3.2 hereof, incident to performance by the Fund under this Agreement shall be paid by the Fund. The Fund shall see to it that all its shares are registered and authorized for issuance in accordance with applicable federal law and, if and to the extent deemed advisable by the Fund, in accordance with applicable state laws prior to their sale. The Fund shall bear the expenses for the cost of registration and qualification of the Fund's shares.

Fund Prospectuses. With respect to existing prospective Participants, the Fund Underwriter shall pay one half of the cost of setting in type type, printing and printing distributing Fund Prospectuses made available by the Company as sales literature to such existing Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Actprospective Participants. With respect to existing prospective Participants, in the event the Company elects to prepare a Combined Prospectus, the Fund Underwriter shall pay one half of the cost of setting in type printing and printing the Fund Portion of distributing the Combined Prospectus made available by the Company to its existing prospective Participants in order to update disclosure as required by the 1933 Act and/or the 1940 Actsales literature. In such event, the Fund Underwriter shall bear the cost of typesetting to provide the Fund Prospectus to the Company in the format in which the Fund is accustomed to formatting prospectusprospectuses. Notwithstanding the foregoing, in no event shall the Fund Underwriter pay for any such costs that exceed by more than five (5) percent what the Underwriter and the Fund would have paid to print such documents. The Fund shall not pay any costs of typesetting and printing the Fund Prospectus (or Combined Prospectus, if applicable) to prospective Participants. Fund SAIs, Fund Reports and Proxy Material Material. With respect to existing prospective Participants, the Fund Underwriter shall pay one half of the cost of setting in type and printing Fund SAIs, Fund Reports and Fund proxy material made available by the Company to its existing Participantsprospective Participants as sales literature. With respect to existing Participants, in In the event the Company elects to prepare a Combined SAI or Combined Reports, the Fund Underwriter shall pay one half of the cost of setting in type and printing the Fund Portion of the Combined SAI or Combined Reports, respectively, made available by the Company to its existing Participantsprospective Participants as sales literature. In such event, the Fund Underwriter shall bear the cost of typesetting to provide the Fund SAI or and Fund Reports to the Company in the format in which the Fund is accustomed to formatting statements of additional information and annual and semi-annual reports. Notwithstanding the foregoing, in no event shall the Fund Underwriter pay for any such costs that exceed by more than five (5) percent what the Underwriter and the Fund would have paid to print such documents. The Company agrees to provide the Fund or its designee with such information as may be reasonably requested by the Fund to assure that the Fund’s expenses do not include Underwriter shall pay one half the cost of typesettingdistributing Fund SAIs, printing or distributing any of the foregoing documents other than Combined SAIs, Fund Reports, Combined Reports, and Fund proxy material to such prospective Participants as described abovesales literature.