Common use of RECORDS AND CONFIRMATION Clause in Contracts

RECORDS AND CONFIRMATION. The Distributor, directly or through the Company as its agent (but at the Distributor’s expense), will (a) maintain and preserve in accordance with Rules 17a-3 and 17a-4 under the 1934 Act all books and records required to be maintained in connection with the offer and sale of the Contracts being distributed pursuant to this Agreement, which books and records shall be the joint property of the Distributor and the Company and shall be subject to inspection by the Securities and Exchange Commission in accordance with Section 17(a) of the 1934 Act and (b) upon or prior to completion of each Contract transaction for which a confirmation is legally required, send a written confirmation for each such transaction reflecting the facts of the transaction. Copies of all records maintained hereunder by the Company as the Distributor’s agent will be promptly surrendered by the Company at the request of the Distributor and will be available at any time during business hours to properly-constituted governmental authorities and furnished to them in true, correct and current hard copy form, should the same be required by said authorities. The Company or the Distributor (but at the Company’s expense), will maintain and preserve all records in connection with the Contracts and the Account in accordance with Rules 31a-1 and 31a-2 under the 1940 Act. To the extent maintained and preserved by the Distributor, such records shall be the property of the Company and shall be returned to the Company upon request.

RECORDS AND CONFIRMATION. The Distributor, directly or through the Company as its agent (but at the Distributor’s 's expense), will (a) maintain and preserve in accordance with Rules 17a-3 and 17a-4 under the 1934 Act all books and records required to be maintained in connection with the offer and sale of the Contracts being distributed pursuant to this Agreement, which books and records shall be the joint property of the Distributor and the Company and shall be subject to inspection by the Securities and Exchange Commission in accordance with Section 17(a) of the 1934 Act and (b) upon or prior to completion of each Contract transaction for which a confirmation is legally required, send a written confirmation for each such transaction reflecting the facts of the transaction. Copies of all records maintained hereunder by the Company as the Distributor’s 's agent will be promptly surrendered by the Company at the request of the Distributor and will be available at any time during business hours to properly-constituted governmental authorities and furnished to them in true, correct and current hard copy form, should the same be required by said authorities. The Company or the Distributor (but at the Company’s 's expense), will maintain and preserve all records in connection with the Contracts and the Account in accordance with Rules 31a-1 and 31a-2 under the 1940 Act. To the extent maintained and preserved by the Distributor, such records shall be the property of the Company and shall be returned to the Company upon request.

RECORDS AND CONFIRMATION. The Distributor, directly or through the Company as its agent (but at the Distributor’s 's expense), will (a) maintain and preserve in accordance with the Rules 17a-3 and 17a-4 under the 1934 Act all books and records required to be maintained in connection with the offer and sale of the Contracts being distributed pursuant to this Agreement, which books and records shall be remain the joint property of the Distributor and the Company and shall be subject to inspection by the Securities and Exchange Commission in accordance with Section 17(a) of the 1934 Act and (b) upon or prior to completion of each Contract transaction for which a confirmation is legally required, send a written confirmation for each such transaction reflecting the facts of the transaction. Copies of all All records maintained hereunder by the Company as the Distributor’s 's agent will be promptly surrendered by the Company at the request of the Distributor and will be available at any time during business hours to properly-constituted governmental authorities and furnished to them in true, correct and current hard copy form, should the same be required by said authorities. The Company or the Distributor (but at the Company’s 's expense), will maintain and preserve all records in connection with the Contracts and the Account in accordance with Rules 31a-1 and 31a-2 under the 1940 Act. To the extent maintained and preserved by the Distributor, such records shall be the property of the Company and shall be returned to the Company upon request.