Common use of Monitoring In Lieu of Routine Data Requests by the Fund Company Clause in Contracts

Monitoring In Lieu of Routine Data Requests by the Fund Company. (a) As long as Intermediary is complying with the Frequent Trading Monitoring policies and procedures set out herein, the Fund agrees not to make routine requests for data from Intermediary. Intermediary will, however, provide reports and information to the Fund, in accordance with the terms of this Agreement as requested in writing for due diligence or audit purposes. (b) If the Fund identifies a Contractholder that has been subject to the Purchase Restriction Period more than once because of repeated Frequent Trading, the Fund may provide written direction to Intermediary to implement special restrictions on such Contractholder as the Fund deems necessary. Intermediary will use reasonable efforts to impose such restrictions to the extent they are administratively feasible. (c) Intermediary will provide the Fund with a quarterly report summarizing the total number of Contractholders who were restricted from purchasing during the previous calendar quarter.

Monitoring In Lieu of Routine Data Requests by the Fund Company. (a) As long as Intermediary is complying with the Frequent Trading Monitoring policies and procedures set out herein, the Fund agrees not to make routine requests for data from Intermediary. Intermediary will, however, provide reports and information to the Fund, in accordance with the terms of this Agreement as requested in writing for due diligence or audit purposes. (b) If the Fund identifies a Contractholder Participant that has been subject to the Purchase Restriction Period more than once because of repeated Frequent Trading, the Fund may provide written direction to Intermediary to implement special restrictions on such Contractholder Participant as the Fund deems necessary. Intermediary will use reasonable efforts to impose such restrictions to the extent they are administratively feasible. (c) Intermediary will provide the Fund with a quarterly report summarizing the total number of Contractholders Participants who were restricted from purchasing during the previous calendar quarter.