Common use of QUALIFICATIONS AND APPOINTMENT OF ASSOCIATES Clause in Contracts

QUALIFICATIONS AND APPOINTMENT OF ASSOCIATES. The General Agent represents and covenants that each Associate who is providing services with respect to fixed or variable In-Force Policies and Contracts in any state or jurisdiction who is required by law or regulation to be licensed and/or appointed in such state or jurisdiction to provide such services, including Policy conversion transactions, on behalf of the General Agent is so licensed and/or appointed and General Agent agrees that no Associate will provide such services unless such Associate is so licensed and/or appointed. General Agent may designate Associates to be appointed as agents of MLOA or the Administrator and its affiliates (solely with respect to Conversion Policies and Contracts issued by them) and MLOA shall appoint, and shall use reasonable efforts to cause Administrator and its affiliates to appoint, such Associates; provided MLOA reserves the right to refuse to appoint any such Associate or, once appointed, upon reasonable advance notice to terminate or refuse to renew such Associate's appointment if MLOA has a bona fide reason to believe that such Associate is not competent or qualified to sell and/or service life insurance or annuity products or that renewal of such license or appointment would violate applicable law, and MLOA reasonably in advance gives written notice of such reason to General Agent. General Agent and Broker-Dealer shall assist MLOA in the appointment of Associates under applicable insurance laws to service the Policies and Contracts. MLOA shall bear the cost of appointing and renewing the appointment of each such Associate in such Associate's state or other jurisdiction of residence, but shall not be responsible for the costs of appointing, or renewing the appointment of, any Associate in any state or jurisdiction other than his/her state or other jurisdiction of residence. By proposing an Associate for appointment, the General Agent shall be deemed to warrant and represent to MLOA that such Associate is competent and qualified to act as an insurance agent for MLOA and to hold himself or herself out in good faith as such to the general public. MLOA shall not change the servicer or broker of record with respect to any In-Force Policies and Contracts at the request of an owner of an In-Force Policy or Contract specifically requesting that another Associate be designated as servicer or broker of record with respect to such Policy or Contract, unless in the opinion of MLOA's counsel such refusal to honor such request would violate applicable law or the terms of any contract to which MLOA or any of its affiliates is a party.

QUALIFICATIONS AND APPOINTMENT OF ASSOCIATES. The General Agent Wholesale Servicer represents and covenants that each Associate who is providing services with respect to fixed or variable In-Force Policies and Contracts in any state or jurisdiction who is required by law or regulation to be licensed and/or appointed in such state or jurisdiction to provide such services, including Policy conversion transactions, on behalf of the General Agent Wholesale Servicer is so licensed and/or appointed in such state or other jurisdiction and General Agent Wholesale Servicer agrees that no Associate will provide such services unless such Associate is so licensed and/or appointed. General Agent Wholesale Servicer may designate Associates to be appointed as agents of MLOA or MONY and MONY shall appoint the Administrator Associates designated from time to time by the Wholesale Servicer for appointment. The Wholesale Servicer shall assist MONY and its affiliates (solely with respect the Principal Underwriter in the appointment of Associates under applicable insurance laws to Conversion service the Policies and Contracts issued by them) and MLOA shall appoint, and shall use reasonable efforts to cause Administrator and its affiliates to appoint, such Associates; provided MLOA Contracts. MONY reserves the right to refuse to appoint any such Associate or, once appointed, upon reasonable advance notice to terminate or refuse to renew such Associate's appointment but only if MLOA MONY has a bona fide reason to believe that such Associate is not competent or qualified to sell and/or service life insurance or and annuity products or that renewal of such license or appointment would violate applicable law, and MLOA MONY reasonably in advance gives written notice of such reason to General Agentthe Wholesale Servicer. General Agent and Broker-Dealer shall assist MLOA in the appointment of Associates under applicable insurance laws to service the Policies and Contracts. MLOA MONY shall bear the cost of appointing and renewing the appointment of each such Associate in all states and other jurisdictions in which such Associate's state or other jurisdiction of residence, but shall not be responsible for the costs of appointing, or renewing the appointment of, any Associate in any state or jurisdiction other than his/her state or other jurisdiction of residencedoes business. By proposing an Associate for appointment, the General Agent Wholesale Servicer shall be deemed to warrant and represent to MLOA MONY that such Associate is competent and qualified to act as an insurance agent for MLOA MONY and to hold himself or herself out in good faith as such to the general public. MLOA shall not change the servicer or broker of record with respect to any In-Force Policies and Contracts at the request of an owner of an In-Force Policy or Contract specifically requesting that another Associate be designated as servicer or broker of record with respect to such Policy or Contract, unless in the opinion of MLOA's counsel such refusal to honor such request would violate applicable law or the terms of any contract to which MLOA or any of its affiliates is a party.

QUALIFICATIONS AND APPOINTMENT OF ASSOCIATES. The General Agent Wholesale Servicer represents and covenants that each Associate who is providing services with respect to fixed or variable In-Force Policies and Contracts in any state or jurisdiction who is required by law or regulation to be licensed and/or appointed in such state or jurisdiction to provide such services, including Policy conversion transactions, on behalf of the General Agent Wholesale Servicer is so licensed and/or appointed in such state or other jurisdiction and General Agent Wholesale Servicer agrees that no Associate will provide such services unless such Associate is so licensed and/or appointed. General Agent Wholesale Servicer may designate Associates to be appointed as agents of MLOA or the Administrator and its affiliates (solely with respect to Conversion Policies and Contracts issued by them) ), and MLOA shall appoint, and shall use reasonable efforts to cause Administrator and its affiliates to appoint, such Associates; provided the Associates designated from time to time by the Wholesale Servicer for appointment. The Wholesale Servicer shall assist MLOA in the appointment of Associates under applicable insurance laws to service the Policies and Contracts. MLOA reserves the right to refuse to appoint any such Associate or, once appointed, upon reasonable advance notice to terminate or refuse to renew such Associate's appointment but only if MLOA has a bona fide reason to believe that such Associate is not competent or qualified to sell and/or service life insurance or and annuity products or that renewal of such license or appointment would violate applicable law, and MLOA reasonably in advance gives written notice of such reason to General Agent. General Agent and Broker-Dealer shall assist MLOA in the appointment of Associates under applicable insurance laws to service the Policies and ContractsWholesale Servicer. MLOA shall bear the cost of appointing and renewing the appointment of each such Associate in all states and other jurisdictions in which such Associate's state or other jurisdiction of residence, but shall not be responsible for the costs of appointing, or renewing the appointment of, any Associate in any state or jurisdiction other than his/her state or other jurisdiction of residencedoes business. By proposing an Associate for appointment, the General Agent Wholesale Servicer shall be deemed to warrant and represent to MLOA that such Associate is competent and qualified to act as an insurance agent for MLOA and to hold himself or herself out in good faith as such to the general public. MLOA shall not change the servicer or broker of record with respect to any In-Force Policies and Contracts at the request of an owner of an In-Force Policy or Contract specifically requesting that another Associate be designated as servicer or broker of record with respect to such Policy or Contract, unless in the opinion of MLOA's counsel such refusal to honor such request would violate applicable law or the terms of any contract to which MLOA or any of its affiliates is a party.

QUALIFICATIONS AND APPOINTMENT OF ASSOCIATES. The General Agent represents and covenants that each Associate who is providing services with respect to fixed or variable In-Force Policies and Contracts in any state or jurisdiction who is required by law or regulation to be licensed and/or appointed in such state or jurisdiction to provide such services, including Policy conversion transactions, on behalf of the General Agent is so licensed and/or appointed and General Agent agrees that no Associate will provide such services unless such Associate is so licensed and/or appointed. General Agent may designate Associates to be appointed as agents of MLOA or the Administrator MONY and its affiliates (solely with respect to Conversion Policies and Contracts issued by them) and MLOA MONY shall appoint, and shall use reasonable efforts to cause Administrator and its affiliates to appoint, appoint such Associates; provided MLOA MONY reserves the right to refuse to appoint any such Associate or, once appointed, upon reasonable advance notice to terminate or refuse to renew such Associate's appointment if MLOA MONY has a bona fide reason to believe that such Associate is not competent or qualified to sell and/or service life insurance or annuity products or that renewal of such license or appointment would violate applicable law, and MLOA MONY reasonably in advance gives written notice of such reason to General Agent. General Agent and Broker-Dealer shall assist MLOA MONY and the Distributor in the appointment of Associates under applicable insurance laws to service the Policies and Contracts. MLOA MONY shall bear the cost of appointing and renewing the appointment of each such Associate in such Associate's state or other jurisdiction of residence, but shall not be responsible for the costs of appointing, or renewing the appointment of, any Associate in any state or jurisdiction other than his/her state or other jurisdiction of residence. By proposing an Associate for appointment, the General Agent shall be deemed to warrant and represent to MLOA MONY that such Associate is competent and qualified to act as an insurance agent for MLOA MONY and to hold himself or herself out in good faith as such to the general public. MLOA MONY shall not change the servicer or broker of record with respect to any In-Force Policies and Contracts Contract at the request of an owner of an In-Force Policy or Contract specifically requesting that another Associate be designated as servicer or broker of record with respect to such Policy or Contract, unless in the opinion of MLOAMONY's counsel such refusal to honor such request would violate applicable law or the terms of any contract to which MLOA or any of its affiliates MONY is a party.