Common use of Portfolio Expense and Performance Data Clause in Contracts

Portfolio Expense and Performance Data. Upon request, the Fund and/or the Distributor 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 Fund and/or the Distributor 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) but in no event later than 75 calendar days after the close of each Portfolio’s fiscal year: (a) the gross “Annual Portfolio Company Expenses” for each Portfolio calculated in accordance with Item 3 of Form N-l A, before any expense reimbursements or fee waiver arrangements; (b) the net “Annual Portfolio Company Expenses” (aka “Total Annual Fund Operating Expenses”) for each Portfolio calculated in accordance with Item 3 of Form N-lA 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 (for the l , 5 and 10 year periods.

Portfolio Expense and Performance Data. Upon request, the Fund and/or the Distributor shall provide such data regarding each Portfolio’ s ’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 Fund and/or the Distributor 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) but in no event later than 75 calendar days after the close of each Portfolio’s fiscal year: (a) the gross “Annual Portfolio Company Expenses” for each Portfolio calculated in accordance with Item 3 of Form N-l A, before any expense reimbursements or fee waiver arrangements; (b) the net “Annual Portfolio Company Expenses” (aka “Total Annual Fund Operating Expenses”) for each Portfolio calculated in accordance with Item 3 of Form N-lA 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 (for the l , 5 and 10 year periods.

Portfolio Expense and Performance Data. Upon request, the Fund and/or the Distributor The Trust shall provide such data regarding each Portfolio’ s Fund’s expense ratios and investment performance as the Life Company shall reasonably request, to facilitate the registration and sale of the Variable Contracts. Without limiting the generality of the forgoing. , the Fund and/or the Distributor Trust shall provide the following Portfolio Fund expense and performance data on a timely basis to facilitate the Life Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Life Company) ), but in no event later than 75 90 calendar days after the close of each PortfolioFund’s fiscal year:year (and promptly notify the Life Company of any changes to the following information): (a) the gross “Annual Portfolio Company Expenses” for each Portfolio Fund calculated in accordance with Item 3 of Form N-l AN-1A, before any expense reimbursements or fee waiver arrangements;; and (b) the net “Annual Portfolio Company Expenses” (aka “Total Annual Fund Operating Expenses”) for each Portfolio Fund calculated in accordance with Item 3 of Form N-lA N-1A, that include any contractual expense reimbursements or fee waiver arrangements 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 (a Fund or Fund)its affiliates; and (c) the “ “Average Annual Total Returns” for each Portfolio Fund (before taxes) as calculated pursuant to Item 4(b)(2)(iii) of Form N-1A (for the l 1, 5 5, and 10 year periods).