Common use of Rule 38a-1 Separate Account Compliance Program Clause in Contracts

Rule 38a-1 Separate Account Compliance Program. During the applicable term of the Transitional Services Agreement, the Administrator will perform services with respect to Registered Separate Accounts in accordance with the Ceding Company’s Rule 38a-1 Compliance Program. Following the applicable term of the Transitional Services Agreement, the Administrator will perform services with respect to 1007063915v4 Registered Separate Accounts in accordance with its Rule 38a-1 Compliance Program. The Administrator agrees to give the Ceding Company reasonable and advance notice of any material changes to the Rule 38a-1 Separate Account Compliance Program. The Administrator expressly acknowledges that it is a service provider with respect to Rule 38a-1 under the Investment Company Act of 1940, as amended. As such, the Administrator agrees to the following:

Rule 38a-1 Separate Account Compliance Program. During the applicable term of the Transitional Services Agreement, the Administrator will perform services with respect to Registered Separate Accounts in accordance with the Ceding Company’s Rule 38a-1 Compliance Program. Following the applicable term of the Transitional Services Agreement, the Administrator will perform services with respect to 1007063915v4 1006845735v24 Registered Separate Accounts in accordance with its Rule 38a-1 Compliance Program. The Administrator agrees to give the Ceding Company reasonable and advance notice of any material changes to the Rule 38a-1 Separate Account Compliance Program. The Administrator expressly acknowledges that it is a service provider with respect to Rule 38a-1 under the Investment Company Act of 1940, as amended. As such, the Administrator agrees to the following: