Common use of Portfolio Expense and Performance Data Clause in Contracts

Portfolio Expense and Performance Data. The Trust and the Underwriter shall provide such data regarding each Portfolio’s expense ratios and investment performance as the Company shall reasonably request, to facilitate the registration and sale of the Variable Contracts. Without limiting the generality of the forgoing, the Trust and the Underwriter shall provide the following Portfolio expense and performance data on a timely basis to facilitate the Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Company). (a) In no event later than sixty (60) calendar days after the close of each Portfolio’s fiscal year: The gross “Annual Portfolio Company Expenses” for each Portfolio calculated in accordance with Item 3 of Form N-1A, before any expense reimbursements or fee waiver arrangements for the time periods required in Form N-1A; and (b) In no event later than sixty (60) calendar days after the close of each Portfolio’s fiscal year: The net “Annual Portfolio Company Expenses” (aka “Total Annual Fund Operating Expenses”) for each Portfolio calculated in accordance with Item 3 of Form N-1A, that include any expense reimbursements or fee waiver arrangements and the period for which the expense reimbursements or fee waiver arrangement is expected to continue and whether it can be terminated by the Portfolio (or Fund); and (c) The “Average Annual Total Returns” for each Portfolio (before taxes) as calculated pursuant to Item 4(b)(2)(iii) of Form N-1A and made publicly available by the Trust.

Portfolio Expense and Performance Data. The Trust and the Underwriter shall We will provide such data regarding each Portfolio’s expense ratios and investment performance made publicly available by the Trust as the Trust is required to prepare for inclusion in the Portfolio’s prospectuses, as the Company shall may reasonably request, request in order for the Company to facilitate the registration fulfill its obligations under Form N-4 and sale of the Variable Contracts. Rule 498A. Without limiting the generality of the forgoing, the Trust and the Underwriter Fund shall provide the following Portfolio expense and performance data on a timely basis to facilitate the Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Company). (a) In , but in no event later than sixty (60) calendar days after the close of each Portfolio’s fiscal year: The : (a) the gross “Annual Portfolio Company Expenses” for each Portfolio calculated in accordance with Item 3 of Form N-1A, before any expense reimbursements or fee waiver arrangements for the time periods required in Form N-1A; and (b) In no event later than sixty (60) calendar days after the close of each Portfolio’s fiscal year: The net “Annual Portfolio Company Expenses” (aka “Total Annual Fund Operating Expenses”) for each Portfolio calculated in accordance with Item 3 of Form N-1A, that include any expense reimbursements or fee waiver arrangements and the period for which the expense reimbursements or fee waiver arrangement is expected to continue and whether it can be terminated by the Portfolio (or Fund); and (c) The the “Average Annual Total Returns” for each Portfolio (before taxes) as calculated pursuant to Item 4(b)(2)(iii) of Form N-1A and made publicly available by the Trust.

Portfolio Expense and Performance Data. The Trust and the Underwriter shall We will provide such data regarding each Portfolio’s expense ratios and investment performance made publicly available by the Trust as the Company shall Trust is required to prepare for inclusion in the Portfolio’s prospectuses, as the Society may reasonably request, request in order for the Society to facilitate the registration fulfill its obligations under Form N-4 and sale of the Variable Contracts. Rule 498A. Without limiting the generality of the forgoing, the Trust and the Underwriter Fund shall provide the following Portfolio expense and performance data on a timely basis to facilitate the CompanySociety’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the CompanySociety). (a) In , but in no event later than sixty (60) calendar days after the close of each Portfolio’s fiscal year: The : (a) the gross “Annual Portfolio Company Expenses” for each Portfolio calculated in accordance with Item 3 of Form N-1A, before any expense reimbursements or fee waiver arrangements for the time periods required in Form N-1A; and (b) In no event later than sixty (60) calendar days after the close of each Portfolio’s fiscal year: The net “Annual Portfolio Company Expenses” (aka “Total Annual Fund Operating Expenses”) for each Portfolio calculated in accordance with Item 3 of Form N-1A, that include any expense reimbursements or fee waiver arrangements and the period for which the expense reimbursements or fee waiver arrangement is expected to continue and whether it can be terminated by the Portfolio (or Fund); and (c) The the “Average Annual Total Returns” for each Portfolio (before taxes) as calculated pursuant to Item 4(b)(2)(iii) of Form N-1A and made publicly available by the Trust.