Common use of Pricing Errors Clause in Contracts

Pricing Errors. (a) In the event any adjustment is required to correct any error in the computation of the net asset value of a Fund's shares at the shareholder level as a result of a pricing error that is deemed to be material under the pricing policy of the Fund's Board of Directors or which Distributor otherwise deems necessary to correct at the shareholder level, Distributor shall notify Company as soon as reasonably practical after discovering the need for such adjustment. (b) Any such notice shall state for each day for which the error occurred the incorrect price, the correct price and, to the extent communicated to the Fund's shareholders, the reason for the price change. Company may send this notice or a derivation thereof (so long as such derivation is approved in advance by Distributor) to Participants whose accounts are affected by the price change. (c) If as a result of any such error the Account maintained by the Fund receives an amount in excess of the amount to which it otherwise would be entitled, Distributor and Company agree to evaluate the situation together, on a case by case basis, with a goal toward pursuing an appropriate course of action. In the event the Company makes any overpayments to Contract owners attributable to the provision of materially incorrect share net asset value information that is not subsequently corrected and communicated to the Company in sufficient time to prevent overpayment, Distributor agrees to reimburse the Company for the amount of overpayments. If an adjustment to the Account is necessary, Distributor shall reimburse Company its reasonable out-of-pocket expenses in correcting each Participant's records, communicating with Participants regarding any adjustment to their accounts, and mailing out corrected statements to Participants.

Appears in 11 contracts

Samples: Participation Agreement (Farm Bureau Life Annuity Account), Participation Agreement (Farm Bureau Life Variable Account), Participation Agreement (Equitrust Life Variable Account)

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Pricing Errors. (a) In the event any adjustment is required to correct any error in the computation of the net asset value of a Fund's shares at the shareholder level as a result of a pricing error that is deemed to be material under the pricing policy of the Fund's Board of Directors or which Distributor otherwise deems necessary to correct at the shareholder level, Distributor shall notify Company as soon as reasonably practical after discovering the need for such adjustment. (b) Any such notice shall state for each day for which the error occurred the incorrect price, the correct price and, to the extent communicated to the Fund's shareholders, the reason for the price change. Company may send this notice or a derivation thereof (so long as such derivation is approved in advance by Distributor) to Participants Contract owners whose accounts are affected by the price change. (c) If as a result of any such error the Account maintained by the Fund receives an amount in excess of the amount to which it otherwise would be entitled, Distributor and Company agree to evaluate the situation together, on a case by case basis, with a goal toward pursuing an appropriate course of action. In the event the Company makes any overpayments to Contract owners attributable to the provision of materially incorrect share net asset value information that is not subsequently corrected and communicated to the Company in sufficient time to prevent overpayment, Distributor agrees to reimburse the Company for the amount of overpayments. If an adjustment to the Account is necessary, Distributor shall reimburse Company its reasonable out-of-pocket expenses in correcting each ParticipantContract owner's records, communicating with Participants Contract owners regarding any adjustment to their accounts, and mailing out corrected statements to ParticipantsContract owners.

Appears in 3 contracts

Samples: Participation Agreement (Country Investors Variable Annunity Account), Participation Agreement (Country Investors Variable Life Account), Participation Agreement (Country Investors Variable Annunity Account)

Pricing Errors. (a) In the event any adjustment is required to correct any error in the computation of the net asset value of a Fund's shares at the shareholder level as a result of a pricing error that is deemed to be material under the pricing policy of the Fund's Board of Directors or which Distributor otherwise deems necessary to correct at the shareholder level, Distributor shall notify Company as soon as reasonably practical after discovering the need for such adjustment. (b) Any such notice shall state for each day for which the error occurred the incorrect price, the correct price and, to the extent communicated to the Fund's " shareholders, the reason for the price change. Company may send this notice or a derivation thereof (so long as such derivation is approved in advance by Distributor) to Participants whose accounts are affected by the price change. (c) If as a result of any such error the Account maintained by the Fund fund for the Plan receives an amount in excess of the amount to which it otherwise would be entitled, Distributor and Company agree to evaluate the situation together, on a case by case basis, with a goal toward pursuing an appropriate course of action. In the event the Company makes any overpayments If Distributor determines to Contract owners attributable to the provision of materially incorrect share net asset value information that is not subsequently corrected and communicated to the Company in sufficient time to prevent overpayment, Distributor agrees to reimburse the Company for the amount of overpayments. If make an adjustment to at the Account is necessaryshareholder level that would reduce the number of shares held in the Plan's account, Distributor shall reimburse Company its reasonable out-of-pocket expenses in correcting each Participant's records, communicating with Participants regarding any adjustment to their accountsaccount, and mailing out corrected statements to Participants. (d) If any such adjustment would increase the number of shares in the Account, Distributor shall make al necessary adjustments as soon as reasonably practical after discovering the need for the adjustment to the number of shares owned in the Account for credit to the Participants' accounts.

Appears in 1 contract

Samples: Shareholder Services Agreement (Minnesota Life Variable Life Account)

Pricing Errors. (a) In the event any adjustment is required to correct any of an error in the computation of the net asset value of a Fund's shares at the shareholder level as a result of a pricing error that is deemed to be material under the pricing policy portfolio of the Fund's Board of Directors net asset value per share ("NAV") or which Distributor otherwise deems necessary to correct at any dividend or capital gain distribution (each, a "pricing error"), NMIS or the shareholder level, Distributor Fund shall immediately notify Company BCE as soon as reasonably practical possible after discovering discovery of the need for such adjustment. error. Such notification may be verbal, but shall be confirmed promptly in writing. A pricing error shall be corrected in accordance with the then applicable guidance from the Securities and Exchange Commission (b"SEC") Any such notice shall state for each day for which or its staff regarding pricing error correction or in accordance with the Fund's pricing error occurred the incorrect pricecorrection policy, the correct price andif any, to the extent communicated to such policy requires pricing error corrections at least as often as the Fund's shareholders, the reason for the price change. Company may send this notice or a derivation thereof (so long as such derivation is approved in advance by Distributor) to Participants whose accounts are affected by the price change. (c) If as a result of any such error the Account maintained by the Fund receives an amount in excess of the amount to which it otherwise would be entitled, Distributor and Company agree to evaluate the situation together, on a case by case basis, with a goal toward pursuing an appropriate course of action. In the event the Company makes any overpayments to Contract owners attributable to the provision of materially incorrect share net asset value information that is not subsequently corrected and communicated to the Company in sufficient time to prevent overpayment, Distributor agrees to reimburse the Company for the amount of overpaymentsapplicable SEC guidance. If an adjustment is necessary to correct a material error caused by NMIS or the Fund which has caused an Account to receive less than the amount of shares to which it is entitled, the number of shares of the appropriate Portfolios attributable to such Account will be adjusted and the amount of any underpayments shall be credited by the Fund to BCE for crediting of such amounts to the applicable Account is necessaryHolders. Upon notification by NMIS or the Fund of any overpayment due to an error, Distributor BCE shall reimburse Company its reasonable out-of-pocket expenses in correcting each Participant's recordspromptly remit to NMIS or the Fund any overpayment that has not been paid to Account Holders; however, communicating with Participants regarding NMIS and the Fund acknowledge that BCE does not intend to seek additional payments from any adjustment Account Holder who, because of a pricing error, may have underpaid for units of interest or shares credited to their accounts, and mailing out corrected statements his/her account. In no event shall BCE be liable to ParticipantsAccount Holders for any such adjustments or underpayment amounts.

Appears in 1 contract

Samples: Trading and NSCC Fund/Serv Networking Agreement (Mason Street Funds Inc)

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Pricing Errors. (a) In the event any If a price adjustment is required required, as consistent with views expressed by the staff of the Securities and Exchange Commission regarding appropriate error correction standards, to correct any error in the computation of the net asset value of a Fund's Fund shares at the shareholder level as a result of a pricing error that is deemed to be material under the pricing policy of the Fund's Board of Directors or which Distributor otherwise deems necessary to correct at the shareholder level("Price Error"), Distributor Xxxx Xxxxx shall notify Company Service Provider as soon as reasonably practical practicable after discovering the need for such adjustment. (b) Any such Price Error. Prompt notice shall be made via phone call, as well as facsimile or direct systems access, and shall state for each day for which the error occurred the incorrect price, the correct price and, to the extent communicated communicated, to the Fund's other shareholders, the reason for the price change. Company may send this notice or a derivation thereof (so long as such derivation is approved in advance by Distributor) to Participants whose accounts are affected by the price change. (cb) If as a result of any such error the Price Error causes an Account maintained by the Fund receives an amount in excess of to receive less than the amount to which it otherwise would be have been entitled, Distributor and Company agree Xxxx Xxxxx shall make all necessary adjustments so that the Account receives the amount to evaluate the situation together, on a case by case basis, with a goal toward pursuing an appropriate course of action. which it would have been entitled. (c) In the event the Company makes any overpayments to Contract owners attributable to the provision of materially incorrect share net asset value information that is not subsequently corrected and communicated to the Company in sufficient time to prevent either an underpayment or overpayment, Distributor agrees to reimburse the Company for the amount of overpayments. If an adjustment to the Account is necessary, Distributor Xxxx Xxxxx shall reimburse Company its reasonable out-of-pocket expenses in correcting each Participant's recordsService Provider for any incurred costs for reprocessing values under the Plans, communicating with Participants regarding any adjustment to their accounts, such as preparing and mailing out corrected revised statements to Participants, upon receipt from the Service Provider of an invoice or other statement documenting such costs and expenses. In addition, if, as a result of the Pricing Error, Service Provider has paid out to a Plan Participant or beneficiary an amount in excess of what that person should have received, or a Plan Participant has transferred to a different option under the Plan pursuant to the incorrect values, Xxxx Xxxxx shall reimburse the Service Provider for the excess amount upon receipt from the Service Provider of an invoice or other statement documenting such excess payments.

Appears in 1 contract

Samples: Services Agreement (Equitable Life Assurance Society of the United States /Ny/)

Pricing Errors. (a) In the event any adjustment is required to correct any error in the computation of the net asset value of a Fund's shares at the shareholder level as a result of a pricing error that is deemed to be material under the pricing policy of the Fund's Board of Directors or which Distributor otherwise deems necessary to correct at the shareholder level, Distributor shall notify Company the Society as soon as reasonably practical after discovering the need for such adjustment. (b) Any such notice shall state for each day for which the error occurred the incorrect price, the correct price and, to the extent communicated to the Fund's shareholders, the reason for the price change. Company The Society may send this notice or a derivation thereof (so long as such derivation is approved in advance by Distributor) to Participants whose accounts are affected by the price change. (c) If as a result of any such error the Account maintained by the Fund receives an amount in excess of the amount to which it otherwise would be entitled, Distributor and Company Society agree to evaluate the situation together, on a case by case basis, with a goal toward pursuing an appropriate course of action. In the event the Company Society makes any overpayments to Contract owners attributable to the provision of materially incorrect share net asset value information that is not subsequently corrected and communicated to the Company Society in sufficient time to prevent overpayment, Distributor agrees to reimburse the Company Society for the amount of overpayments. If an adjustment to the Account is necessary, Distributor shall reimburse Company Society its reasonable out-of-pocket expenses in correcting each Participant's records, communicating with Participants regarding any adjustment to their accounts, and mailing out corrected statements to Participants.

Appears in 1 contract

Samples: Participation Agreement (Modern Woodmen of America Variable Annuity Account)

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