Common use of OVERPAYMENTS TO INSURANCE COMPANY Clause in Contracts

OVERPAYMENTS TO INSURANCE COMPANY. In the event of overpayment to Insurance Company upon a redemption, where such overpayment is caused by Fund Agent's error, Insurance Company agrees to use commercially reasonable efforts to collect such overpayment from the Contract Holder. If, after such efforts, Insurance Company is not able to recover all of such overpayment, Insurance Company will cooperate with the attempts of Fund Agent or the relevant Fund Portfolio to recover any portion of the overpayment, including as permitted by applicable law providing Fund Agent or a Fund Portfolio with information reasonably available to Insurance Company as to the identity of the Contract Holder(s) from whom such remainder has not been recovered. If the overpayment proceeds are still in the custody of Insurance Company or the Contract Holder's account with Insurance Company, or if the overpayment is caused by Insurance Company's error, Insurance Company shall promptly repay such overpayment to Fund Agent after Insurance Company receives notice of such overpayment.

OVERPAYMENTS TO INSURANCE COMPANY. In the event of overpayment to Insurance Company upon a redemption, where such overpayment is caused by Fund Agent's error, Insurance Company agrees to use commercially reasonable efforts to collect such overpayment from the Contract Holder. If, after such efforts, Insurance Company is not able to recover all of such overpayment, Insurance Company will cooperate with the attempts of Fund Agent or the relevant Fund Portfolio to recover any portion of the overpayment, including as permitted by applicable law providing Fund Agent or a Fund Portfolio with information reasonably available to Insurance Company as to the identity of the Contract Holder(s) from whom such remainder has not been recovered. If the overpayment proceeds are still in the custody of Insurance Company or the Contract Holder's account with Insurance Company, or if the overpayment is caused by Insurance Company's error, Insurance Company shall promptly repay such overpayment to Fund Agent after Insurance Company receives notice of such overpayment.

OVERPAYMENTS TO INSURANCE COMPANY. In the event of overpayment to Insurance Company upon a redemption, where such overpayment is caused by Fund Agent's error, Insurance Company agrees to use commercially reasonable best efforts to collect such overpayment from the Contract Holder. If, after such efforts, Insurance Company is not able to recover all of such overpayment, Insurance Company will cooperate with the attempts of Fund Agent or the relevant Fund Portfolio to recover any portion of the overpayment, including as permitted by applicable law providing Fund Agent or a Fund Portfolio with information reasonably available to Insurance Company as to the identity of the Contract Holder(s) from whom such remainder has not been recovered. If the overpayment proceeds are still in the custody of Insurance Company or the Contract Holder's account with Insurance Company, or if the overpayment is caused by Insurance Company's error, Insurance Company shall promptly repay such overpayment to Fund Agent after Insurance Company receives notice of such overpayment.