Common use of Sales Material and Information Clause in Contracts

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting 4.1 The Company shall be solely responsible for sales literature or other promotional material, in which the scope or effect of Section 4.2 hereofFund, a Series, the Company shall furnishAdviser, any subadviser to any Series, or shall cause to the Underwriter (in its capacity as distributor of the Fund) is named, the substance of which is contained in the then current prospectus or statement of additional information of the Fund. Other sales literature or other promotional material may also be furnished, to used by the Distributor each piece of Company if such sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named substance thereof) has been previously approved by the Fund or its designee. All other sales literature or other promotional material shall not be used by the Company until it has been approved by the Fund or its designee. The Company shall deliver such draft sales literature or other promotional material to the Fund or its designee at least 15 thirty Business days prior to its use. No The Fund or such material designee shall be used if the Distributor objects use commercially reasonable efforts to such use review sales literature so delivered within five (5) Business Days after receipt of such materialten days. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust Fund or concerning the Trust Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement, prospectus or statement or prospectus of additional information for the Trust Fund shares, as such registration statement and prospectus or statement of additional information may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the TrustFund, or in sales literature or other promotional material approved by the Trust Fund or its designee or by the DistributorUnderwriter, except with the written permission approval of the Trust Fund or the Distributor Underwriter or the designee of either or as is required by laweither. 4.3. 4.3 The Distributor or its designee obligations set forth in Section 4.1 herein shall furnish, or shall cause to be furnished, apply mutatis mutandis to the Company or its designee, Fund and the Underwriter with respect to each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's any Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such materialnamed. 4.4. Neither 4.4 The Fund and the Trust nor the Distributor Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, each Account, any Account or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.54.5 The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, shareholder annual, semi-annual or other reports, proxy statements, applications for exemptions, requests for no-action letters and any amendments to any of the above, that relate to any Series, promptly after the filing of each such document with the SEC or any other regulatory authority. 4.6 The Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, statements of additional information, shareholder annual, semi-annual or other reports, solicitations for voting instructions, applications for exemptions, requests for no-action letters and any amendments to any of the above, that relate to the Contracts or any Account, promptly after the filing of such document with the SEC or any other regulatory authority. For purposes Each party hereto will provide to each other party, to the extent it is relevant to the Contracts or the Fund, a copy of this Article IVany comment letter received from the staff of the SEC or the NASD, and the Company's response thereto, following any examination or inspection by the staff of the SEC or the NASD. 4.7 As used herein, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, pictures or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, literature or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees.

Sales Material and Information. 4.1. Without limiting 4.1 The Company shall be solely responsible for sales literature or other promotional material, in which the scope or effect of Section 4.2 hereofFund, a Portfolio, the Company shall furnishAdviser, any subadviser to any Portfolio, or shall cause to the Underwriter (in its capacity as distributor of the Fund) is named, the substance of which is contained in the then current prospectus or statement of additional information of the Fund. Other sales literature or other promotional material may also be furnished, to used by the Distributor each piece of Company if such sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named substance thereof) has been previously approved by the Fund or its designee. All other sales literature or other promotional material shall not be used by the Company until it has been approved by the Fund or its designee. The Company shall deliver such draft sales literature or other promotional material to the Fund or its designee at least 15 thirty Business days prior to its use. No The Fund or such material designee shall be used if the Distributor objects use commercially reasonable efforts to such use review sales literature so delivered within five (5) Business Days after receipt of such materialten days. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust Fund or concerning the Trust Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement, prospectus or statement or prospectus of additional information for the Trust Fund shares, as such registration statement and prospectus or statement of additional information may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the TrustFund, or in sales literature or other promotional material approved by the Trust Fund or its designee or by the DistributorUnderwriter, except with the written permission approval of the Trust Fund or the Distributor Underwriter or the designee of either or as is required by laweither. 4.3. 4.3 The Distributor or its designee obligations set forth in Section 4.1 herein shall furnish, or shall cause to be furnished, apply mutatis mutandis to the Company or its designee, Fund and the Underwriter with respect to each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's any Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such materialnamed. 4.4. Neither 4.4 The Fund and the Trust nor the Distributor Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, each Account, any Account or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.54.5 The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, shareholder annual, semi-annual or other reports, proxy statements, applications for exemptions, requests for no-action letters and any amendments to any of the above, that relate to any Portfolio, promptly after the filing of each such document with the SEC or any other regulatory authority. 4.6 The Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, statements of additional information, shareholder annual, semi-annual or other reports, solicitations for voting instructions, applications for exemptions, requests for no-action letters and any amendments to any of the above, that relate to the Contracts or any Account, promptly after the filing of such document with the SEC or any other regulatory authority. For purposes Each party hereto will provide to each other party, to the extent it is relevant to the Contracts or the Fund, a copy of this Article IVany comment letter received from the staff of the SEC or the NASD, and the Company's response thereto, following any examination or inspection by the staff of the SEC or the NASD. 4.7 As used herein, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, pictures or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, literature or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Insurance Company shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the TrustTrust is named, its investment adviser or the Distributor is named at least 15 days five Business Days prior to its use. No such material shall be used if the Distributor Trust or its designee reasonably objects to such use within five (5) ten Business Days after receipt of such material. 4.2. The Insurance Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the Trust’s registration statement statement, prospectus or prospectus for the Trust sharesSAI, as such that registration statement and statement, prospectus or SAI may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributordesignee, except with the written permission of the Trust or the Distributor or the designee of either or as is required by lawTrust. 4.3. The Distributor Trust, or its designee shall furnish, or shall cause to be furnished, to the Insurance Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Insurance Company and/or or the Company's Account is named at least 15 days ten Business Days prior to its use. No such material shall be used if without the Company or its designee object to such use within five (5) Business Days after receipt prior written consent of such materialthe Insurance Company. 4.4. Neither the The Trust nor the Distributor shall not give any information or make any representations on behalf of the Insurance Company or concerning the Insurance Company, each any Account, or the Contracts other than the information or representations contained in a registration statement, prospectus or statement or prospectus of additional information for the Contracts, as such that registration statement, prospectus or statement and prospectus of additional information may be amended or supplemented from time to time, or in published reports for each any Account which are in the public domain or approved by the Insurance Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Insurance Company or its designee, except with the written permission of the Company or as is required by lawInsurance Company. 4.5. The Trust will provide to the Insurance Company at least one complete copy of each registration statement, prospectus, statement of additional information, report, proxy statement, piece of sales literature or other promotional material, application for exemption, request for no-action letter, and any amendment to any of the above, that relate to the Trust or its shares, contemporaneously with the filing of the document with the SEC, FINRA, or other regulatory authorities. 4.6. The Insurance Company will provide to the Trust at least one complete copy of each registration statement, prospectus, statement of additional information, report, solicitation for voting instructions, piece of sales literature and other promotional material, application for exemption, request for no-action letter, and any amendment to any of the above, that relates to the Contracts or the Account, contemporaneously with the filing of the document with the SEC, FINRA, or other regulatory authorities. 4.7. For purposes of this Article IVV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material publishedadvertisements, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, shareholder newsletters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials. 4.8. At the request of any party to this Agreement, each other party will make available to the other party’s independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested. 4.9. The Trust, or their designee shall furnish to the Insurance Company each Fund’s current performance figures no later than five (5) business days following the end of each month.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives. 4.6 The Underwriter will support onsite visits by Company no less frequently than biannually and visit the Company no less frequently than annually. The Trust or Underwriter will provide a signed compliance report as reasonably requested by the Company or its designee, on a quarterly basis to include but not limited to: 817 (h), subchapter M, and Prospectus guidelines. The Trust or Underwriter will provide State of California Bulletin 97-2 compliance certification upon reasonable request. The Trust or Underwriter will provide fund statistics and commentaries (as reasonably required by Company) in electronic format each calendar quarter, no later than the 17th of the month following quarter-end. The Underwriter will support the Company's marketing and due diligence efforts by granting reasonable requests for visits to the Underwriter's and its affiliates' offices by representatives of the Company.

Sales Material and Information. 4.1. Without limiting 4.1 The Company shall be solely responsible for sales literature or other promotional material, in which the scope or effect of Section 4.2 hereofFund, a Series, the Company shall furnishAdviser, any subadviser to any Series, or shall cause to the Underwriter (in its capacity as distributor of the Fund) is named, the substance of which is contained in the then current prospectus or statement of additional information of the Fund. Other sales literature or other promotional material may also be furnished, to used by the Distributor each piece of Company if such sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named substance thereof) has been previously approved by the Fund or its designee. All other sales literature or other promotional material shall not be used by the Company until it has been approved by the Fund or its designee. The Company shall deliver such draft sales literature or other promotional material to the Fund or its designee at least 15 thirty Business days prior to its use. No The Fund or such material designee shall be used if the Distributor objects use commercially reasonable efforts to such use review sales literature so delivered within five (5) Business Days after receipt of such materialten days. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust Fund or concerning the Trust Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement, prospectus or statement or prospectus of additional information for the Trust Fund shares, as such registration statement and prospectus or statement of additional information may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the TrustFund, or in sales literature or other promotional material approved by the Trust Fund or its designee or by the DistributorUnderwriter, except with the written permission approval of the Trust Fund or the Distributor Underwriter or the designee of either or as is required by laweither. 4.3. 4.3 The Distributor or its designee obligations set forth in Section 4.1 herein shall furnish, or shall cause to be furnished, apply mutatis mutandis to the Company or its designee, Fund and the Underwriter with respect to each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's any Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such materialnamed. 4.4. Neither 4.4 The Fund and the Trust nor the Distributor Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, each Account, any Account or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.54.5 The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, shareholder annual, semi-annual or other reports, proxy statements, applications for exemptions, requests for no-action letters and any amendments to any of the above, that relate to any Series, promptly after the filing of each such document with the SEC or any other regulatory authority. 4.6 The Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, statements of additional information, shareholder annual, semi-annual or other reports, solicitations for voting instructions, applications for exemptions, requests for no-action letters and any amendments to any of the above, that relate to the Contracts or any Account, promptly after the filing of such document with the SEC or any other regulatory authority. For purposes Each party hereto will provide to each other party, to the extent it is relevant to the Contracts or the Fund, a copy of this Article IVany comment letter received from the staff of the SEC or the NASD, and the Company’s response thereto, following any examination or inspection by the staff of the SEC or the NASD. 4.7 As used herein, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, pictures or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, literature or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives. 4.6. The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, notices and exemptive orders related to applications for exemptive relief from the requirements of the federal securities laws, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC, the NASD or other regulatory authority. 4.7. The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, notices and exemptive orders related to applications for exemptive relief from the requirements of the federal securities laws, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC, the NASD, or other regulatory authority.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's ’s Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales sales literature (i.e. i. e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. 5.1 Without limiting the scope or effect of Section 4.2 hereof5.2, the each Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 10 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. The 5.2 Neither Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 5.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the each Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the any of a Company, a separate account of a Company and/or the Company's Account or a Contract is named at least 15 10 days prior to its use. No such material shall be used if the a Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 5.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the a Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or or. prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the a Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the a Company or its designee, except with the written permission of the such Company or as is required by law. 4.5. 5.5 For purposes of this Article IVV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company Equitable shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, the form of each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser the Adviser or the Distributor is named at least 15 days prior to its first use and if the Distributor is named therein shall also furnish such literature or material to the Distributor prior to its first use. No such material shall be used if the Distributor Trust or its designee, or the Distributor, if applicable, reasonably objects to such its use within five (5) Business Days after the Trust's or the Distributor's, if applicable, receipt of such material.. 163992 v1 4.2. The Company Equitable shall not give any information or make any representations or statements on behalf of the Trust or the Distributor or concerning the Trust or the Distributor in connection with the sale of the Equitable Contracts other than the information or representations contained in or accurately derived from the registration statement Registration Statements, prospectus or prospectus Statement of Additional Information for the Trust sharesTrust, as such registration statement and Registration Statements, prospectus or Statement of Additional Information may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by or, if applicable, the Distributor, except with the written permission of the Trust or its designees, or, if applicable, the Distributor or the designee of either or as is required by lawDistributor. 4.3. The Trust, the Distributor or its designee the Adviser, or their respective designees, shall each furnish, or shall cause to be furnished, to the Company Equitable or its designeedesignees, the form of each piece of sales literature or other promotional material prepared by the Distributor it prepares in which the Company and/or the Company's Account Equitable is named at least 15 days prior to its use. No such material shall be used if the Company Equitable or its designee designees reasonably object to such its use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor The Trust, the Distributor and the Adviser shall not give any information or make any representations on behalf of the Company Equitable or concerning the CompanyEquitable, each Account, or the Equitable Contracts other than the information or representations contained in or accurately derived from a registration statement statement, prospectus or prospectus Statement of Additional Information for the Accounts with respect to the Equitable Contracts, as such registration statement and statement, prospectus or Statement of Additional Information may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company Equitable for distribution to Contract owners or participantsContractowners, or in sales literature or other promotional material approved by the Company Equitable or its designeedesignees, except with the written permission of the Company or as is required by lawEquitable. 4.5. The Trust shall provide to Equitable (a) at least one complete copy of all Registration Statements, prospectuses, Statements of Additional Information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Trust or its shares, contemporaneously with the filing of such document with the SEC, the NASD, or other regulatory authorities and (b) drafts of each of the foregoing sufficiently in advance of filing such materials with regulatory authorities to allow Equitable a reasonable opportunity to review the materials. 4.6. Equitable shall provide to the Trust (a) at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Equitable Contracts or any Account if such document also relates to the Trust, contemporaneously with the filing of such document with the SEC, the NASD, or other regulatory authorities and (b) drafts of each of the foregoing sufficiently in advance of filing such materials with regulatory authorities to allow the Trust a reasonable opportunity to review the materials. 4.7. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, any of the following that refer to the Trust or any affiliate of the Trust: advertisements (such as material published, including materials published or designed for use in, in a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, electronic messages or communications 163992 v1 or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, Statements of Additional Information, shareholder reports, and proxy materials. However, it is anticipated that materials provided solely: (a) internally to Equitable's or the Distributor's own employees or counsel; or (b) to certain designated third parties and that are not designed to be provided or communicated in any manner to the general public (e.g., training materials provided to distributors or agents) will not be filed with the SEC, the NASD, or any state securities or insurance regulatory authorities, although such materials will be prepared in accordance with applicable laws.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 10 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 10 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the 4.1 The Company shall furnish, or shall cause to be furnished, to the Distributor Fund or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the TrustFund, its investment adviser Advisers or the Distributor Sponsor is named named, at least 15 days ten Business Days prior to its use. The Company may use such material in fewer than ten Business Days if it receives the written consent of the Fund or its designee. No such material shall be used if the Distributor Fund or its designee reasonably objects to such use within five (5) ten Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust Fund or concerning the Trust Fund in connection with the sale of the Contracts Variable Insurance Products other than the information or representations contained in the registration statement or prospectus for the Trust Fund shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the TrustFund, or in sales literature or other promotional material approved by the Trust Fund or its designee or by the DistributorSponsor, except with the written permission of the Trust Fund or the Distributor Sponsor or the designee of either or as is required by laweither. 4.3. 4.3 The Fund, Sponsor, Distributor or its their designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's or an Account is named at least 15 days ten Business Days prior to its use. No such material shall be used if the Company or its designee object reasonably objects to such use within five (5) ten Business Days after receipt of such material. 4.4. Neither the Trust nor 4.4 The Fund, the Distributor and the Sponsor shall not give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts Variable Insurance Products other than the information or representations contained in a registration statement or prospectus for the ContractsVariable Insurance Products, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsVariable Insurance Product owners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company. 4.5 The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Fund or its shares, prior to or contemporaneously with the filing of each document with the SEC or other regulatory authorities. 4.6 The Company will provide to the Fund at least one complete copy of all prospectuses, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemption, requests for no-action letters, and all amendments to any of the above, that relate to the Variable Insurance Products or each Account, prior to or contemporaneously with the filing of such document with the SEC or other regulatory authorities. 4.7 The Company and the Fund shall also each promptly inform the other of the results of any examination by the SEC (or other regulatory authorities) that relates to the Variable Insurance Products, the Fund or its shares, and the party that was the subject of the examination shall provide the other party with a copy of relevant portions of any “deficiency letter” or other correspondence or written report regarding any such examination. 4.8 The Fund and the Sponsor will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Portfolio, and of any material change in the Fund’s registration statement, particularly any change resulting in a change to the prospectus for any Account. The Fund and the Sponsor will cooperate with the Company so as to enable the Company to solicit voting instructions from owners of Variable Insurance Products, to the extent a solicitation is required by applicable law, or to make changes to its prospectus in an orderly manner. 4.5. 4.9 For purposes of this Article IV, the phrase "“sales literature or and other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the publiccustomers, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published articlearticles), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and prospectuses, shareholder reports, and proxy materials.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 10 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 10 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. . 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives. 4.6. The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, notices and exemptive orders related to applications for exemptive relief from the requirements of the federal securities laws, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC, the NASD or other regulatory authority. 4.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Company shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser the Advisor or the Distributor is named named, at least 15 days fifteen Business Days prior to its use. No such material shall be used if the Distributor Trust or its designee reasonably objects to such use within five (5) fifteen Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by laweither. 4.3. The Distributor Trust, the Advisor, the Distributor, or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account its separate account(s), is named at least 15 days fifteen Business Days prior to its use. No such material shall be used if the Company or its designee object reasonably objects to such use within five (5) fifteen Business Days after receipt of such material. 4.4. Neither The Trust, the Trust nor Advisor, and the Distributor shall not give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.5. The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC or other regulatory authorities. 4.6. The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no action letters, and all amendments to any of the above, that relate to the Contracts or each Account, promptly after the filing of such document with the SEC or other regulatory authorities. 4.7. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, any of the following that refer to the Trust or any affiliate of the Trust: advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, Statements of Additional Information, shareholder reports, and proxy materials.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company The Distributor shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, the form of each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser the Manager or the Distributor is are named at least 15 days prior to its first use. No such material shall be used if the Distributor Trust or its designee reasonably objects to such its use within five (5) Business Days after the Trust’s receipt of such material. 4.2. The Company shall not Neither AXA Equitable nor the Plan will give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in or accurately derived from the registration statement Registration Statements, prospectus or prospectus Statement of Additional Information for the Trust sharesTrust, as such registration statement and Registration Statements, prospectus or Statement of Additional Information may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributordesignee, except with the written permission of the Trust or the Distributor or the designee of either or as is required by lawits designees. 4.3. The Distributor Trust or its designee the Distributor, or their respective designees, shall furnish, or shall cause to be furnished, to AXA Equitable and the Company Plan or its designeetheir designees, the form of each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account Plan is named at least 15 days prior to its use. No such material shall be used if the Company Plan or its designee object designees reasonably objects to such its use within five (5) Business Days after receipt of such material. 4.4. Neither The Trust will provide to AXA Equitable and the Trust nor the Distributor shall give any information or make any representations on behalf Plan at least one complete copy of the Company or concerning the Companyeach Registration Statement, each Accountprospectus, or the Contracts other than the information or representations contained in a registration statement or prospectus for the ContractsStatement of Additional Information, as such registration statement and prospectus may be amended or supplemented from time to timereport, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsproxy statement, or in item of sales literature or other promotional material approved by material, application for exemptions, request for a no-action letter or amendment to any of the Company or its designee, except above that relates to the Class K shares of the Designated Portfolios contemporaneously with the written permission filing of such document with the Company SEC, FINRA or as is required by lawany other regulatory authority. 4.5. For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, any of the following that refer to the Trust or any affiliate of the Trust: advertisements (such as material published, including materials published or designed for use in, in a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, electronic messages or communications or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and Registration Statements, SEC Disclosure Materials, shareholder reports, and proxy materials. However, it is anticipated that materials provided solely: (a) internally to AXA Equitable’s or the Distributor’s own employees or counsel; or (b) to certain designated third parties and that are not designed to be provided or communicated in any manner to the general public (e.g., training materials provided to distributors or agents) will not be filed with the SEC, FINRA, or any state securities or insurance regulatory authorities, although such materials will be prepared in accordance with applicable laws.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus Prospectus for the Trust shares, as such registration statement and prospectus Prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus Prospectus for the Contracts, as such registration statement and prospectus Prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.sales

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five ten (510) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's ’s Separate Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five ten (510) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Separate Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Separate Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” is defined as that material designated as such by the NASD rules and includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.sales

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five ten (510) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's ’s Separate Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five ten (510) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Separate Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Separate Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. . 4.5. For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” is defined as that material designated as such by the NASD rules and includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Company shall furnish, or shall cause to be furnished, to the Distributor Fund or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the TrustFund, its investment adviser the Underwriter or the Distributor Adviser is named named, at least 15 days fifteen Business Days prior to its use. No such material shall be used if the Distributor Fund or its designee reasonably objects in writing to such use within five (5) Business Days fifteen business days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust Fund or concerning the Trust Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust sharesFund, as such registration statement and prospectus may from time to time be amended or supplemented from time to timesupplemented, or in annual or semi-annual reports or proxy statements for the TrustFund, or in sales literature or other promotional material approved provided to the Company by the Trust Fund or its designee or by the DistributorUnderwriter, except with the written permission of the Trust Fund or the Distributor or the designee of either or as is required by lawits designee. The Fund agrees to respond to any request for approval on a prompt and timely basis. 4.3. The Distributor Fund, the Underwriter or its their designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account its separate account(s), is named at least 15 days fifteen Business Days prior to its use. No such material shall be used if the Company or its designee object reasonably objects in writing to such use within five (5) Business Days fifteen business days after receipt of such material. 4.4. Neither The Fund and the Trust nor the Distributor Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may from time to time be amended or supplemented from time to timesupplemented, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.5. The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to any of the Portfolios or their shares, promptly following the filing of such document with the SEC or other regulatory authorities. 4.6. The Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Contracts or each Account, promptly following the filing of such document with the SEC or other regulatory authorities; and, if a Contract and its associated Account are exempt from registration, the equivalents to the above. 4.7. For purposes of this Article IVAgreement, the phrase "sales literature or other promotional material" includes, but is not limited to, any of the following that refer to the Fund or any affiliate of the Fund: advertisements (such as material published, published or designed for use in, in a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape or electronic display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, literature or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the 4.1 The Company shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, Trust or its investment adviser or the Distributor Underwriter is named named, at least 15 days five Business Days prior to its useuse unless such material is substantially similar to material previously approved by the Trust or its designee. No such material shall be used if the Distributor objects Trust or its designee object to such use within five (5) Business Days business days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trustfund, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by laweither. 4.3. 4.3 The Distributor Trust, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account or its separate account(s) is named at least 15 days five Business Days prior to its useuse unless such material is substantially similar to material previously approved by the Company or its designee. No such material shall be used if the Company or its designee object to such use within five (5) Business Days business days after receipt of such material. 4.4. Neither 4.4 The Trust and the Trust nor the Distributor Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, each the Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each the Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.5. 4.5 The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Trust or its shares, contemporaneously with the filing of such document with the Securities and Exchange Commission or other regulatory authorities. 4.6 The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Contracts or the Account, contemporaneously with the filing of such document with the Securities and Exchange Commission. 4.7 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, Statements of Additional Information, shareholder reports, and proxy materials.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 10 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Insurance Company shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the TrustTrust is named, its investment adviser or the Distributor is named at least 15 days five Business Days prior to its use. No such material shall be used if the Distributor Trust or its designee reasonably objects to such use within five (5) ten Business Days after receipt of such material. 4.2. The Insurance Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the Trust's registration statement statement, prospectus or prospectus for the Trust sharesSAI, as such that registration statement and statement, prospectus or SAI may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributordesignee, except with the written permission of the Trust or the Distributor or the designee of either or as is required by lawTrust. 4.3. The Distributor Trust, or its designee shall furnish, or shall cause to be furnished, to the Insurance Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Insurance Company and/or or the Company's Account is named at least 15 days ten Business Days prior to its use. No such material shall be used if without the Company or its designee object to such use within five (5) Business Days after receipt prior written consent of such materialthe Insurance Company. 4.4. Neither the The Trust nor the Distributor shall not give any information or make any representations on behalf of the Insurance Company or concerning the Insurance Company, each any Account, or the Contracts other than the information or representations contained in a registration statement, prospectus or statement or prospectus of additional information for the Contracts, as such that registration statement, prospectus or statement and prospectus of additional information may be amended or supplemented from time to time, or in published reports for each any Account which are in the public domain or approved by the Insurance Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Insurance Company or its designee, except with the written permission of the Company or as is required by lawInsurance Company. 4.5. The Trust will provide to the Insurance Company at least one complete copy of each registration statement, prospectus, statement of additional information, report, proxy statement, piece of sales literature or other promotional material, application for exemption, request for no-action letter, and any amendment to any of the above, that relate to the Trust or its shares, contemporaneously with the filing of the document with the SEC, FINRA, or other regulatory authorities. 4.6. The Insurance Company will provide to the Trust at least one complete copy of each registration statement, prospectus, statement of additional information, report, solicitation for voting instructions, piece of sales literature and other promotional material, application for exemption, request for no-action letter, and any amendment to any of the above, that relates to the Contracts or the Account, contemporaneously with the filing of the document with the SEC, FINRA, or other regulatory authorities. 4.7. For purposes of this Article IVV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material publishedadvertisements, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, shareholder newsletters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials. 4.8. At the request of any party to this Agreement, each other party will make available to the other party's independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested. 4.9. The Trust, or their designee shall furnish to the Insurance Company each Fund’s current performance figures no later than five (5) business days following the end of each month.

Sales Material and Information. 4.1. Without limiting The Distributor will provide the scope or effect of Section 4.2 hereofCompany on a timely basis with investment performance information for the Portfolios, including total return for the preceding calendar month and calendar quarter, the calendar year to date, and the prior one-year, five-year, and ten year (or life of the Portfolio) periods. The Company shall furnishmay, or shall cause to be furnishedbased on the SEC-mandated information supplied by the Distributor, to prepare communications concerning investment performance for Contract owners ("Contract Owner Materials"). The Company will provide the Distributor each piece with copies of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named all Contract Owner Materials at least 15 fifteen (15) business days prior to its their first use. No such material shall will be used if the Distributor reasonably objects to such use within five fifteen (515) Business Days business days after receipt of such material. It is understood that neither the Distributor, the Fund nor the Portfolios will be responsible for errors or omissions in, or the content of, Contract Owner Materials except to the extent that the error or omission resulted from information provided by or on behalf of the Distributor, the Fund or the Portfolio. 4.2. The Company shall will not give any information or make any representations or statements on behalf of the Trust Fund or concerning the Trust Portfolios in connection with the sale of the Contracts other than the information or representations contained in the registration statement statement, prospectus or prospectus SAI for the Trust sharesShares, as such registration statement statement, prospectus and prospectus SAI may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the TrustPortfolio, or in published reports for the Portfolio which are in the public domain or approved by the Fund or the Distributor for distribution, or in sales literature or other promotional material approved provided by the Trust Fund or its designee or by the Distributor, except with the written permission of the Trust Fund or the Distributor Distributor. The Fund and/or the Distributor, as applicable, agrees to respond to any request for approval on a prompt and timely basis. Nothing in this Section 4.2 will be construed as preventing the Company or its employees or agents from giving advice on investment in the designee of either or as is required by lawPortfolios. 4.3. The Company will furnish, or will cause to be furnished, to the Fund or the Distributor or its designee shall designee, each piece of sales literature or other promotional material in which the Fund, the Portfolios or the Distributor is named, at least fifteen (15) business days prior to its use. No such material will be used if the Fund or the Distributor reasonably objects to such use within fifteen (15) business days after receipt of such material. Likewise, the Fund or the Distributor will furnish, or shall will cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named named, at least 15 fifteen (15) business days prior to its use. No such material shall will be used if the Company or its designee object reasonably objects to such use within five fifteen (515) Business Days business days after receipt of such material. 4.4. Neither the Trust nor The Fund and the Distributor shall will not give any information or make any representations or statements on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement statement, prospectus or prospectus SAI for the Contracts, as such registration statement statement, prospectus and prospectus SAI may be amended or supplemented from time to time, or in published reports for each Account or the Contracts which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved provided by the Company or its designeeCompany, except with the written permission of the Company. The Company or as is required by lawagrees to respond to any request for approval on a prompt and timely basis. 4.5. The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIs, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Portfolios or their Shares, contemporaneously with the filing of such document with the SEC, the NASD or other regulatory authority. 4.6. The Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIs, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no action letters, and all amendments to any of the above, that reference the Funds or the Portfolios and relate to the Contracts or each Account, contemporaneously with the filing of such document with the SEC, the NASD or other regulatory authority. 4.7. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media, (e.g., on-line networks such as the Internet or other electronic messages), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, advertisements sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees), registration statements, prospectuses, SAIs, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under the NASD rules, the 1933 Act or the 0000 Xxx. 4.8. The Fund and each Portfolio hereby consents to the Company's use of the name "GE Investments Funds, Inc." and the name of each Portfolio listed on Schedule 3 in connection with the marketing of the Contracts, subject to the terms of Sections 4.1, 4.2 and 4.3 of this Agreement. Such consent will terminate with the termination of this Agreement.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives. 4.6. The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, notices and exemptive orders related to applications for exemptive relief from the requirements of the federal securities laws, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC, the NASD or other regulatory authority. 4.7. The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, notices and exemptive orders related to applications for exemptive relief from the requirements of the federal securities laws, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC, the NASD or other regulatory authority.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives. 4.6 The Underwriter will support onsite visits by Company no less frequently than biannually and visit the Company no less frequently than annually. The Trust or Underwriter will provide a signed compliance report as reasonably requested by the Company or its designee, on a quarterly basis to include but not limited to: 817 (h), subchapter M, and Prospectus guidelines. The Trust or Underwriter will provide State of California Bulletin 97-2 compliance certification upon reasonable request. The Trust or Underwriter will provide fund statistics and commentaries (as reasonably required by Company) in electronic format each calendar quarter, no later than the 20th of the month following quarter-end.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the 4.1 The Company shall furnish, or shall cause to be furnished, to the Distributor prior to use, each piece of sales literature or other promotional material (as defined hereafter) advertising prepared by the Company in which the TrustIssuer, its investment adviser or the Distributor is named at least 15 days prior to its usedescribed. No such material shall sales literature or advertising will be used if the Distributor reasonably objects to such its use within five ten (510) Business Days after following receipt of by the Trust. Any failure to respond within such materialperiod shall be deemed to be acquiescence to such usage. 4.2. 4.2 The Company shall not give any information or will not, without the permission of the Distributor, make any representations or statements on behalf of the Trust Distributor or concerning the Trust Issuer or its investment adviser in connection with the advertising or sale of the Contracts Contracts, other than the information or representations contained in in: (a) the registration statement or prospectus for the Trust sharesSeries prospectus(es), as such registration statement (b) Series' annual and prospectus may be amended or supplemented from time to time, or in annual or semi-semi annual reports or to shareholders, (c) proxy statements for the TrustSeries, or in or, (d) sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. 4.3 The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designeeprior to use, each piece of sales literature or other promotional material advertising prepared by the Distributor in which the Company and/or Company, the Company's Account is named at least 15 days prior to its useContracts or Separate Accounts, are described. No such material shall sales literature or advertising will be used if the Company or reasonably objects to its designee object to such use within five ten (510) Business Days after following receipt of by the Company. Any failure to respond within such materialperiod shall be deemed to be acquiescence to such usage. 4.4. 4.4 Neither the Trust American Century nor the Distributor shall give any information Issuer or its investment adviser will, without the permission of the Company, make any representations or statements on behalf of the Company Company, the Contracts, or the Separate Accounts or concerning the Company, each Account, the Contracts or the Contracts Separate Accounts, in connection with the advertising or sale of the Contracts, other than the information or representations contained in a in: (a) the registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time (b) Separate Account reports to timeshareholders, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or (e) in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's ’s Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 10 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 10 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives. 4.6. The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, notices and exemptive orders related to applications for exemptive relief from the requirements of the federal securities laws, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC, the NASD or other regulatory authority. 4.7. The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, notices and exemptive orders related to applications for exemptive relief from the requirements of the federal securities laws, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC, the NASD, or other regulatory authority.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus Prospectus for the Trust shares, as such registration statement and prospectus Prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus Prospectus for the Contracts, as such registration statement and prospectus Prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.25.1. The Insurance Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account , Xxxxx Selected Advisers, L.P., or Xxxxx Distributors is named named, at least 15 days five Business Days prior to its use. No such material shall be used if the Company or its designee object reasonably objects to such use within five (5) Business Days after receipt of such material. 4.45.2. Neither The Insurance Company shall not give any information or make any representations or statements on behalf of the Trust nor Company or concerning the Distributor Company in connection with the sale of the Contracts other than the information or representations contained in the Company’s registration statement, prospectus (including summary prospectus) or SAI, as that registration statement, prospectus (including summary prospectus) or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Company, or in sales literature or other promotional material approved by the Company or its designee or by Xxxxx Distributors, except with the permission of the Company or Xxxxx Distributors. 5.3. The Company or its designee, or Xxxxx Distributors shall furnish, or shall cause to be furnished, to the Insurance Company or its designee, each piece of sales literature or other promotional material in which the Insurance Company or the Account is named at least five Business Days prior to its use. No such material shall be used if the Insurance Company or its designee reasonably objects to such use within five Business Days after receipt of that material. 5.4. The Company and Xxxxx Distributors shall not give any information or make any representations on behalf of the Insurance Company or concerning the Insurance Company, each any Account, or the Contracts other than the information or representations contained in a registration statement, prospectus or statement or prospectus of additional information for the Contracts, as such that registration statement, prospectus or statement and prospectus of additional information may be amended or supplemented from time to time, or in published reports for each any Account which are in the public domain or approved by the Insurance Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Insurance Company or its designee, except with the written permission of the Insurance Company. 5.5. The Company will provide to the Insurance Company at least one complete copy of each registration statement, prospectus (or summary prospectus as allowed by regulation), statement of additional information, report, proxy statement, piece of sales literature or other promotional material, application for exemption, request for no-action letter, and any amendment to any of the above, that relate to the Company or as is required by lawits shares, contemporaneously with the filing of the document with the SEC, FINRA, or other regulatory authorities. 4.55.6. The Insurance Company will provide to the Company at least one complete copy of each registration statement, prospectus, statement of additional information, report, solicitation for voting instructions, piece of sales literature and other promotional material, application for exemption, request for no-action letter, and any amendment to any of the above, that relates to the Contracts or the Account, contemporaneously with the filing of the document with the SEC, FINRA, or other regulatory authorities. 5.7. For purposes of this Article IVV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material publishedadvertisements, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, shareholder newsletters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses (including summary prospectus), statements of additional information, shareholder reports, and proxy materials. 5.8. At the request of any party to this Agreement, each other party will make available to the other party’s independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Company shall furnish, or shall cause to be furnished, to the Distributor or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its any other investment adviser to the Trust, or the Distributor is named any affiliate are named, at least 15 days fifteen (15) Business Days prior to its use. No such material shall be used if the Distributor or its designee reasonably objects to such use within five fifteen (515) Business Days after receipt of such material. The Distributor or its designee shall notify the Company within fifteen (15) Business Days of receipt of its approval or disapproval of such materials. 4.2. The Company shall not give any information or make any representations or statements representation on behalf of the Trust, any other investment adviser to the Trust or any affiliate and shall not give any information on behalf of the Trust, any other investment adviser to the Trust, or any affiliate concerning the Trust or any other such entity in connection with the sale of the Contracts other than the information or representations contained in and accurately derived from the registration statement, prospectus or statement or prospectus of additional information for the Trust sharesShares, as such registration statement, prospectus and statement and prospectus of additional information may be amended or supplemented from time to time, or in annual or semi-annual reports or Trust-sponsored proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust Trust, the Distributor or its designee or by the Distributortheir respective designees, except with the written permission of the Trust or their respective designees. The Trust, the Distributor, or their respective designees each agrees to respond to any request for approval on a prompt and timely basis. The Company shall adopt and implement procedures reasonably designed to ensure that information concerning the Trust, the Distributor or any of their affiliates which is intended for use only by brokers or agents selling the designee Contracts (i.e., information that is not intended for distribution to Contract owners or prospective Contract owners) is so used, and neither the Trust, the Distributor nor any of either their affiliates shall be liable for any losses, damages or as is required by lawexpenses relating to the improper use of such broker only materials. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account Accounts is named named, at least 15 days fifteen (15) Business Days prior to its use. No such material shall be used if the Company or its designee object reasonably objects to such use within five fifteen (515) Business Days after receipt of such material. The Company shall notify the Distributor within fifteen (15) Business Days of receipt of its approval or disapproval of such materials. 4.4. Neither the Trust Trust, nor the Distributor Distributor, shall give any information or make any representations on behalf of the Company or concerning the Company, each Accountthe Accounts, or the Contracts in connection with the sale of the Contracts other than the information or representations contained in and accurately derived from a registration statement, prospectus, or statement or prospectus of additional information for the Contracts, as such registration statement, prospectus and statement and prospectus of additional information may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsAccounts, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company and except as required by legal process or regulatory authorities or with the written permission of the Trust or its designee. The Company or as its designee agrees to respond to any request for approval on a prompt and timely basis. The parties hereto agree that this Section 4.4. is required by lawneither intended to designate nor otherwise imply that the Trust is an underwriter or distributor of the Contracts. 4.5. The Company and the Trust shall provide, or shall cause to be provided to the other, at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, and all amendments to any of the above, that relate to the Contracts, or to the Trust or its Shares, prior to or contemporaneously with the filing of such document with the SEC or other regulatory authorities. 4.6. For purposes purpose of this Article IVIV and Article VIII, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone telephone, electronic messages or tape recording, videotape display, signs or billboards, motion pictures, or other public media, including, for example, on-line networks such as the Internet or other electronic media), and sales literature (i.e. such as brochures, electronic messages, circulars, reprints or excerpts or any written communication other advertisement, sales literature, or published articles), distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and shareholder reports, proxy materials (including solicitations for voting instructions) and any other material constituting sales literature or advertising under the NASDR Conduct Rules, the 1933 Act or the 1940 Act. However, such phrase “sales literature or other promotional material” shall not include any material that simply lists the names of Portfolios of the Trust in a list of investment options. 4.7. At the request of any party to this Agreement, each other party will make available to the other party’s independent auditors and/or representative of the appropriate regulatory agencies, all records, data, access to operating procedures that may be reasonably requested in connection with compliance and regulatory requirements related to the Agreement or any party’s obligations under this Agreement. 4.8. The Company agrees and acknowledges that the Trust’s adviser, Janus Capital Management LLC or its affiliates (“Janus Capital”) is the sole owner of the name and xxxx “Xxxxx” and that all use of any designation comprised in whole or part of Janus (a “Xxxxx Xxxx”) under this Agreement shall inure to the benefit of Janus Capital. Except as provided in Sections 4.1 and 4.2, the Company shall not use any Xxxxx Xxxx on its own behalf or on behalf of the Accounts or Contracts in any registration statement, advertisement, sales literature or other materials relating to the Accounts or Contracts without the prior written consent of Janus Capital. All references contained in this Agreement to the name or xxxx “Xxxxx” shall include but not be limited to the Janus logo, the website xxx.xxxxx.xxx and any and all electronic links relating to such website. The Company will make no use of the name or xxxx “Xxxxx” except as expressly provided in this Agreement or expressly authorized by Janus Capital in writing. All goodwill associated with the name and xxxx “Xxxxx” shall inure to the benefit of Janus Capital or its affiliates. Upon termination of this Agreement for any reason, the Company shall cease any and all use of any Xxxxx Xxxx(s).

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company Companion shall furnish, or shall cause to be furnished, to the Distributor Fund or its designee, each piece of sales literature or and other promotional material (as defined hereafter) that Companion develops or uses and in which the Trust, its investment adviser Fund (or a Portfolio thereof) or Adviser or the Distributor underwriter for the Fund shares is named named, at least 15 days Business Days prior to its use. No such material shall be used if the Distributor Fund or its designee objects to such use within five (5) 15 Business Days after receipt of such material. 4.2. The Company Companion shall not give any information or make any representations or statements on behalf of the Trust Fund or the Adviser or concerning the Trust Fund or the Adviser in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus or SAI for the Trust Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the TrustFund, or in sales literature or and other promotional material approved by the Trust Fund or its designee or by the DistributorAdviser, except with the written permission of the Trust Fund or the Distributor Adviser or the designee of either or as is required by laweither. 4.3. The Distributor Fund or its designee Adviser shall furnish, or shall cause to be furnished, to the Company or its designeeCompanion, each piece of sales literature or and other promotional material prepared by the Distributor in which the Company Companion and/or the Company's Account its separate account(s), is named at least 15 days Business Days prior to its use. No such material shall be used if the Company or its designee object Companion objects to such use within five (5) 15 Business Days after receipt of such material. 4.4. Neither The Fund and the Trust nor the Distributor Adviser shall not give any information or make any representations on behalf of the Company Companion or concerning Companion, the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus or SAI for the Contracts, as such registration statement and prospectus and SAI may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsAccount, or in sales literature or and other promotional material approved by the Company Companion or its designee, except with the written permission of the Company or as is required by lawCompanion. 4.5. The Fund will provide to Companion at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Designated Portfolios, contemporaneously with the filing of such document(s) with the Securities and Exchange Commission or other regulatory authorities. 4.6. Companion will provide to the Fund at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Contracts or the Account, contemporaneously with the filing of such document(s) with the Securities and Exchange Commission. 4.7. For purposes of this Article IV, the phrase "sales literature or and other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, Statements of Additional Information, shareholder reports, and proxy materials.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the , Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Company shall furnish, or shall cause to be furnished, to the Distributor Fund or its designee, the form of each piece of sales literature or other promotional material (as defined hereafter) in which the TrustFund, its investment adviser the Adviser or the Distributor Underwriter is named named, at least 15 days fifteen Business Days prior to its use. No such material shall be used if the Distributor Fund or its designee reasonably objects to such use within five (5) twelve Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust Fund or concerning the Trust Fund in connection with the sale of the Contracts other than the information or representations contained in or accurately derived from the registration statement or prospectus for the Trust Fund shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the TrustFund, or in sales literature or other promotional material approved by the Trust Fund or its designee or by the DistributorUnderwriter, except with the written permission of the Trust Fund or the Distributor Underwriter or the designee of either or as is required by laweither. 4.3. The Distributor Fund, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account its separate account(s), is named at least 15 days fifteen Business Days prior to its use. No such material shall be used if the Company or its designee object reasonably objects to such use within five (5) twelve Business Days after receipt of such material. 4.4. Neither The Fund, the Trust nor Adviser and the Distributor Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, each the Account, or the Contracts other than the information or representations contained in or accurately derived from a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.5. The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Fund or its shares, promptly after the filing of such document with the SEC or other regulatory authorities. 4.6. The Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no action letters, and all amendments to any of the above, that relate to the Contracts or each Account, promptly after the filing of such document with the SEC or other regulatory authorities. 4.7. The Company and the Fund shall also each promptly inform the other of the results of any examination by the SEC (or other regulatory authorities) that relates to the Contracts, the Fund or its shares, and the party that was the subject of the examination shall provide the other party with a copy of relevant portions of any "deficiency letter" or other correspondence or written report regarding any such examination. 4.8. The Fund and the Adviser will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Portfolio, and of any material change in the Fund's registration statement, prospectus or statement of additional information for any Account. The Fund and the Adviser will cooperate with the Company so as to enable the Company to solicit voting instructions from Contract owners or to make changes in its prospectus, statement of additional information or registration statement, in an orderly manner. The Fund and the Adviser will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates of such prospectuses. 4.9. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, any of the following that refer to the Fund: advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, electronic media or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published articlearticles), educational or training materials materials, or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials, including electronic and Web site materials.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 10 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus or any other publicly available material for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.designed

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. . 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.seminar

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.sales

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter reasonably objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object reasonably objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Insurance Company shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the TrustTrust is named, its investment adviser or the Distributor is named at least 15 days five Business Days prior to its use. No such material shall be used if the Distributor Trust or its designee reasonably objects to such use within five (5) ten Business Days after receipt of such material. 4.2. The Insurance Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the Trust’s registration statement statement, prospectus or prospectus for the Trust sharesSAI, as such that registration statement and statement, prospectus or SAI may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributordesignee, except with the written permission of the Trust or the Distributor or the designee of either or as is required by lawTrust. 4.3. The Distributor Trust, or its designee shall furnish, or shall cause to be furnished, to the Insurance Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Insurance Company and/or or the Company's Account is named at least 15 days ten Business Days prior to its use. No such material shall be used if without the Company or its designee object to such use within five (5) Business Days after receipt prior written consent of such materialthe Insurance Company. 4.4. Neither the The Trust nor the Distributor shall not give any information or make any representations on behalf of the Insurance Company or concerning conceding the Insurance Company, each any Account, or the Contracts other than the information or representations contained in a registration statement, prospectus or statement or prospectus of additional information for the Contracts, as such that registration statement, prospectus or statement and prospectus of additional information may be amended or supplemented from time to time, or in published reports for each any Account which are in the public domain or approved by the Insurance Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Insurance Company or its designee, except with the written permission of the Company or as is required by lawinsurance Company. 4.5. The Trust will provide to the Insurance Company at least one complete copy of each registration statement, prospectus, statement of additional information, report, proxy statement, piece of sales literature or other promotional material, application for exemption, request for no-action letter, and any amendment to any of the above, that relate to the Trust or its shares, contemporaneously with the filing of the document with the SEC, FINRA, or other regulatory authorities. 4.6. The Insurance Company will provide to the Trust at least one complete copy of each registration statement, prospectus. statement of additional information, report, solicitation for voting instructions, piece of sales literature and other promotional material, application for exemption, request for no-action letter. and any amendment to any of the above, that relates to the Contracts or the Account, contemporaneously with the filing of the document with the SEC, FINRA, or other regulatory authorities. 4.7. For purposes of this Article IVV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material publishedadvertisements, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, shareholder newsletters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications complications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials. 4.8. At the request of any party to this Agreement, each other party will make available to the other party’s independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested. 4.9. The Trust, or their designee shall furnish to the Insurance Company each Fund’s current performance figures no later than five (5) business days following the end of each month.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Company shall furnish, or shall cause to be furnished, to the Distributor Fund or its designee, each piece of sales literature or other promotional material (as defined hereafter) prepared by the Company or any person contracting with the Company in which the TrustFund, its investment adviser the Adviser or the Distributor is named named, at least 15 days ten Business Days prior to its use. No such material shall be used if the Fund, the Adviser, the Distributor or their designee reasonably objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust Fund or concerning the Trust Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust sharesFund Prospectus or Fund SAI, as such registration statement and prospectus or Fund Prospectus or SAI may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the TrustFund, or in sales literature or other promotional material provided by or approved in writing by the Trust Fund or its designee or by the Distributordesignee, except with the written permission of the Trust Fund or the Distributor or the designee of either or as is required by lawits designee. 4.3. The Fund, Adviser or Distributor or its respective designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is or its Account(s) are named at least 15 days ten Business Days prior to its use. No such material shall be used if the Company or its designee object reasonably objects to such use within five (5) Business Days after receipt of such material. 4.4. Neither The Fund, the Trust nor Adviser and the Distributor shall not give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts Contracts, other than the information or representations contained in a registration statement or prospectus or SAI for the Contracts, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports or solicitations for voting instructions for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsParticipants, or in sales literature or other promotional material provided by or approved in writing by the Company or its designee, except with the written permission of the Company or as is required by lawits designee. 4.5. The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Fund or its shares, contemporaneously with the filing of such document with the SEC or other regulatory authorities. 4.6. The Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests 4.7. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, any of the following: advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. I.E. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Company shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser the Advisor or the Distributor is named named, at least 15 days fifteen Business Days prior to its use. No such material shall be used if the Distributor Trust or its designee reasonably objects to such use within five (5) fifteen Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by laweither. 4.3. The Distributor Trust, the Advisor, the Distributor, or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account its separate account(s), is named at least 15 days fifteen Business Days prior to its use. No such material shall be used if the Company or its designee object reasonably objects to such use within five (5) fifteen Business Days after receipt of such material. 4.4. Neither The Trust, the Trust nor Advisor, and the Distributor shall not give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.5. The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC or other regulatory authorities. 4.6. The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no action letters, and all amendments to any of the above, that relate to the Contracts or each Account, promptly after the filing of such document with the SEC or other regulatory authorities. 4.7. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, any of the following that refer to the Trust or any affiliate of the Trust: advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses. Statements of Additional Information, shareholder reports, and proxy materials.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the 4.1 The Company shall furnish, or shall cause to be furnished, to the Distributor Trust or the Underwriter, each piece of sales literature or other promotional material (as defined hereafter) materials in which the Trust, its investment adviser Trust or the Distributor Trust's investment manager, sub-advisers or Underwriter is named named, at least 15 five business days prior to its use. No such material shall be used if the Distributor Trust or the Underwriter reasonably objects in writing to such use within five (5) Business Days business days after receipt of such material. 4.2. 4.2 The Company represents and agrees it will use best efforts to ensure that sales literature for the Contracts prepared by the Company or its affiliates will be consistent with every law, rule, and regulation of any regulatory agency or self-regulatory agency that applies dc-376491 to the Contracts or to the sale of the Contracts, including, but not limited to, NASD Conduct Rule 2210 and IM-2210-2 thereunder. 4.3 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, shares as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter. The Trust and the Underwriter agree to respond to any request for approval on a prompt and timely basis. The Company shall adopt and implement procedures reasonably designed to ensure that information concerning the Trust, the Underwriter, or any of their affiliates which is intended for use by brokers or agents selling the Contracts (i.e., information that is not intended for distribution to Contract owners or prospective Contract owners) is so used, and neither the Trust. The Underwriter, nor any of their affiliates shall be liable for any losses, damages, or expenses relating to the improper use of such broker only materials by agents of the Company or its affiliates who are unaffiliated with the Trust or the designee Underwriter. The parties hereto agree that this Section 4.3 is not intended to designate nor otherwise imply that the Company is an underwriter or distributor of either or as is required by lawthe Trust's shares. 4.3. 4.4 The Distributor Trust or its designee the Underwriter shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or Company, its Separate Account, or the Company's Account is named Contracts are named, at least 15 five business days prior to its use. No such material shall be used if the Company or its designee object reasonably objects in writing to such use within five (5) Business Days business days after receipt of such material. 4.4. Neither 4.5 The Trust represents and agrees that sales literature for the Trust nor prepared by the Distributor Trust or its affiliates in connection with the sale of the Contracts will be consistent with every law, rule, and Regulation of any regulatory agency or self regulatory agency that applies to the Trust or to the sale of Trust shares, including, but not limited to, NASD Conduct Rule 2210 and IM-2210-2 thereunder. dc-376491 4.6 The Trust and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, each Separate Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Separate Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designeeCompany, except with the written permission of the Company. The Company agrees to respond to any request for approval on a prompt and timely basis. The Trust and the Underwriter shall xxxx information produced by or as on behalf of the Trust "FOR BROKER USE ONY" which is required intended for use by lawbrokers or agents selling the Contracts (i.e., information that is not intended for distribution to Contract owners or prospective Contract owners) is so used, and neither the Company nor any of its affiliates shall be liable for any losses, damages, or expenses arising on account of the use by brokers of such information with third parties in the event that is not so marked. 4.54.7 The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Trust or its shares, contemporaneously with the filing of such document with the SEC or other regulatory authorities. 4.8 The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no action letters, and all amendments to any of the above, that relate to the Contracts or each Separate Account, contemporaneously with the filing of such document with the SEC or other regulatory authorities. The Company shall promptly inform the Trust of the results of any examination by the SEC (or other regulatory authorities) that relates to the Contracts, and the Company shall provide the dc-376491 Trust with a copy of relevant portions of any "deficiency letter" or other correspondence or written report regarding any such examination. 4.9 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under NASD Conduct Rules, the 1940 Act or the 1933 Act.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives. 4.6. The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, notices and exemptive orders related to applications for exemptive relief from the requirements of the federal securities laws, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC, the NASD or other regulatory authority.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's ’s Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives. 4.6. The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, notices and exemptive orders related to applications for exemptive relief from the requirements of the federal securities laws, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC, the NASD or other regulatory authority. 4.7. The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, notices and exemptive orders related to applications for exemptive relief from the requirements of the federal securities laws, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC, the NASD, or other regulatory authority.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Company shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the TrustTrust or SR&F, its investment adviser or the Distributor any sub-adviser, or KFSC is named named, at least 15 fifteen (15) days prior to its use. No such material shall be used if the Distributor objects Trust or its designee object to such use within five fifteen (515) Business Days days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus Prospectus for the Trust shares, as such registration statement and prospectus Prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorKFSC, except with the written permission of the Trust or the Distributor KFSC or the designee of either or as is required by laweither. 4.3. The Distributor Trust or its designee shall furnish, or shall cause to be furnished, to the Company or its designeedesignees, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is its Separate Account(s), are named at least 15 fifteen (15) days prior to its use. No such material shall be used if the Company or its designee object to such use within five fifteen (515) Business Days days after receipt of such material. 4.4. Neither the The Trust nor the Distributor and KFSC shall not give any information or make any representations or statements on behalf of the Company or concerning the Company, each any Separate Account, or the Contracts Variable Insurance Products other than the information or representations contained in a registration statement or prospectus for the Contractssuch Variable Insurance Products, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each such Separate Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsOwners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.5. The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIs, reports, proxy statements, sales literature and other promotional materials, applications for exemption, requests for no-action letters, and all amendments to any of the above, that relate to the Trust or its shares, contemporaneously with the filing of such document with the SEC or other regulatory authorities. 4.6. The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, SAIs, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemption, requests for no-action letters, and all amendments to any of the above, that relate to the Variable Insurance Products or any Separate Account, contemporaneously with the filing of such document with the SEC. 4.7. For purposes of this Article IV., the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, letters seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, SAIs, shareholder reports, and proxy materials.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 10 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) 10 Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 I 0 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) 10 Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesrepresentatives or financial advisers.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the 4.1 The Company shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, a copy of each piece of sales literature or other promotional material (as defined hereafter) that the Company develops or proposes to use and in which the Trust, its investment adviser Trust (or a Portfolio thereof) or the Distributor is named in connection with the Contracts (unless such reference to the Trust or Distributor is substantially the same as in previously approved material), at least 15 days ten (10) Business Days prior to its use. No such material shall be used if the Distributor Trust objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement statement, including the prospectus or prospectus SAI for the Trust shares, as such registration statement and prospectus the same may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, Distributor except with the written permission of the Trust or Distributor. 4.3 The Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designeeCompany, a copy of each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account its separate account(s) is named (unless such reference to the Company or separate account is substantially the same as in previously approved material) at least 15 days ten (10) Business Days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. Neither the 4.4 The Trust nor or the Distributor shall not give any information or make any representations on behalf of the Company or concerning the Company, each the Account, or the Contracts other than the information or representations contained in a registration statement statement, including the prospectus or prospectus SAI for the Contracts, as such registration statement and prospectus the same may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.5. 4.5 The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIs, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Designated Portfolio(s) promptly after the filing of such document(s) with the SEC or FINRA or other regulatory authorities. 4.6 The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, SAIs, reports, solicitations for voting Instructions, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Contracts or the Account, if requested by the Trust. 4.7 For purposes of this Article IVArticles IV and VIII, the phrase "“sales literature or and other promotional material" ” includes, but is not limited to, advertisements : a) Advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media; e.g., on-line networks such as the Internet or other electronic media), sales . b) Sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational . c) Educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees. d) Shareholder reports. e) Proxy materials (including solicitations for voting instructions). f) Any other material constituting sales literature or advertising under the FINRA rules, the 1933 Act or the 0000 Xxx. 4.8 At the request of any party to this Agreement, each other party will make available to the other party’s independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested in connection with compliance and regulatory requirements related to this Agreement or any party’s obligations under this Agreement.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts .Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company The Companies shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the TrustTrust or STEIN ROE, its investment adviser or the Distributor any sub-advisxx ("Xxx-Adviser"), or KFSC is named named, at least 15 fifteen (15) days prior to its use. No such material shall be used if the Distributor objects Trust or its designee object to such use within five fifteen (515) Business Days days after receipt of such material. 4.2. The Company Companies shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus Prospectus for the Trust shares, as such registration statement and prospectus Prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorKFSC, except with the written permission of the Trust or the Distributor KFSC or the designee of either or as is required by laweither. 4.3. The Distributor Trust or its designee shall furnish, or shall cause to be furnished, to the Company Companies or its designeetheir designees, each piece of sales literature or other promotional material prepared by the Distributor in which the Company Companies and/or the Company's Account is their Separate Account(s), are named at least 15 fifteen (15) days prior to its use. No such material shall be used if the Company Companies or its their designee object to such use within five fifteen (515) Business Days days after receipt of such material. 4.4. Neither the The Trust nor the Distributor and KFSC shall not give any information or make any representations or statements on behalf of the Company Companies or concerning the CompanyCompanies, each any Separate Account, or the Contracts Variable Insurance Products other than the information or representations contained in a registration statement or prospectus for the Contractssuch Variable Insurance Products, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each such Separate Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsOwners, or in sales literature or other promotional material approved by the Company Companies or its their designee, except with the written permission of the Company or as is required by lawCompanies. 4.5. The Trust will provide to the Companies at least one complete copy of all registration statements, prospectuses, SAIs, reports, proxy statements, sales literature and other promotional materials, applications for exemption, requests for no-action letters, and all amendments to any of the above, that relate to the Trust or its shares, contemporaneously with the filing of such document with the SEC or other regulatory authorities. 4.6. The Companies will provide to the Trust at least one complete copy of all registration statements, prospectuses, SAIs, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemption, requests for no-action letters, and all amendments to any of the above, that relate to the Variable Insurance Products or any Separate Account, contemporaneously with the filing of such document with the SEC. 4.7. For purposes of this Article IV., the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, letters seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, SAIs, shareholder reports, and proxy materials.

Sales Material and Information. 4.1. Without limiting Unless the scope or effect of Section 4.2 hereofparties mutually agree to alternative time frames, the Company shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser the Advisor or the Distributor is named named, at least 15 days fifteen Business Days prior to its use. No such material shall be used if the Trust, the Advisor, the Distributor or their designee reasonably objects to such use within five (5) fifteen Business Days after receipt of such material. 4.2. The Company Company, its affiliates and agents shall not give any information or make any representations or statements on behalf of the Trust Trust, the Distributor and the Advisor or concerning the Trust Trust, the Distributor and the Advisor in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by laweither. 4.3. The Distributor Unless the parties mutually agree to alternative time frames, the Trust, the Advisor, the Distributor, or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account its separate account(s), is named at least 15 days fifteen Business Days prior to its use. No such material shall be used if the Company or its designee object reasonably objects to such use within five (5) fifteen Business Days after receipt of such material. 4.4. Neither The Trust, the Trust nor Advisor, and the Distributor shall not give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.5. The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Trust or its shares, promptly after the filing of such document with the SEC or other regulatory authorities. 4.6. The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, Statements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no action letters, and all amendments to any of the above, that relate to the Contracts or each Account, promptly after the filing of such document with the SEC or other regulatory authorities. 4.7. For purposes of this Article IV, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, any of the following that refer to the Trust or any affiliate of the Trust: advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, Statements of Additional Information, shareholder reports, and proxy materials. 4.8. The Trust and the Advisor hereby consent to the establishment by the Company of a link between the World Wide Web internet site of the Trust (whether it be the Trust’s website or the Advisor’s website containing information about the Trust) and the World Wide Web internet site of the Company (each, a “Web Site”), Such link may be established for the purpose of facilitating access to information made available on the Trust’s Web Site, including the Fund’s prospectus, as may be amended from time to time. Any such link shall be displayed on the Company’s Web Site in equal prominence with any other link or links that the Company may provide to the Web Sites of other underlying investment companies that serve as investments for the Company’s Variable Insurance Products. The establishment of such link shall not relieve the Company of its responsibility for the delivery of the prospectuses, proxy statements, or periodic reports of the Fund as provided for in Article III. The consent provided hereby shall terminate upon the termination of this Agreement. The text contained on the Company’s Web Site related to such link shall be subject to Article IV hereof, including, without limitation, the requirement that the Company provide such text to the Trust for prior review in accordance with Section 4.1 hereof.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Company shall furnish, or shall cause to be furnished, to the Distributor or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its any other investment adviser to the Trust, or the Distributor is named any affiliate are named, at least 15 days fifteen (15) Business Days prior to its use. No such material shall be used if the Distributor or its designee reasonably objects to such use within five fifteen (515) Business Days after receipt of such material. The Distributor or its designee shall notify the Company within fifteen (15) Business Days of receipt of its approval or disapproval of such materials. 4.2. The Company shall not give any information or make any representations or statements representation on behalf of the Trust, any other investment adviser to the Trust or any affiliate and shall not give any information on behalf of the Trust, any other investment adviser to the Trust, or any affiliate concerning the Trust or any other such entity in connection with the sale of the Contracts other than the information or representations contained in and accurately derived from the registration statement, prospectus or statement or prospectus of additional information for the Trust sharesShares, as such registration statement, prospectus and statement and prospectus of additional information may be amended or supplemented from time to time, or in annual or semi-annual reports or Trust-sponsored proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust Trust, the Distributor or its designee or by the Distributortheir respective designees, except with the written permission of the Trust or their respective designees. The Trust, the Distributor, or their respective designees each agrees to respond to any request for approval on a prompt and timely basis. The Company shall adopt and implement procedures reasonably designed to ensure that information concerning the Trust, the Distributor or any of their affiliates which is intended for use only by brokers or agents selling the designee Contracts (i.e., information that is not intended for distribution to Contract owners or prospective Contract owners) is so used, and neither the Trust, the Distributor nor any of either their affiliates shall be liable for any losses, damages or as is required by lawexpenses relating to the improper use of such broker only materials. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account Accounts is named named, at least 15 days fifteen (15) Business Days prior to its use. No such material shall be used if the Company or its designee object reasonably objects to such use within five fifteen (515) Business Days after receipt of such material. The Company shall notify the Distributor within fifteen (15) Business Days of receipt of its approval or disapproval of such materials. 4.4. Neither the Trust Trust, nor the Distributor Distributor, shall give any information or make any representations on behalf of the Company or concerning the Company, each Accountthe Accounts, or the Contracts in connection with the sale of the Contracts other than the information or representations contained in and accurately derived from a registration statement, prospectus, or statement or prospectus of additional information for the Contracts, as such registration statement, prospectus and statement and prospectus of additional information may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsAccounts, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company and except as required by legal process or regulatory authorities or with the written permission of the Trust or its designee. The Company or as its designee agrees to respond to any request for approval on a prompt and timely basis. The parties hereto agree that this Section 4.4. is required by lawneither intended to designate nor otherwise imply that the Trust is an underwriter or distributor of the Contracts. 4.5. The Company and the Trust shall provide, or shall cause to be provided to the other, at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, proxy statements, sales literature and other promotional materials, and all amendments to any of the above, that relate to the Contracts, or to the Trust or its Shares, prior to or contemporaneously with the filing of such document with the SEC or other regulatory authorities. 4.6. For purposes purpose of this Article IVIV and Article VIII, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone telephone, electronic messages or tape recording, videotape display, signs or billboards, motion pictures, or other public media, including, for example, on-line networks such as the Internet or other electronic media), and sales literature (i.e. such as brochures, electronic messages, circulars, reprints or excerpts or any written communication other advertisement, sales literature, or published articles), distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and shareholder reports, proxy materials (including solicitations for voting instructions) and any other material constituting sales literature or advertising under the NASDR Conduct Rules, the 1933 Act or the 1940 Act. However, such phrase "sales literature or other promotional material" shall not include any material that simply lists the names of Portfolios of the Trust in a list of investment options. 4.7. At the request of any party to this Agreement, each other party will make available to the other party's independent auditors and/or representative of the appropriate regulatory agencies, all records, data, access to operating procedures that may be reasonably requested in connection with compliance and regulatory requirements related to the Agreement or any party's obligations under this Agreement. 4.8. The Company agrees and acknowledges that the Trust's adviser, Janus Capital Management LLC or its affiliates ("Janus Capital") is the sole owner of the name and xxxx "Xxxxx" and that all use of any designation comprised in whole or part of Janus (a "Xxxxx Xxxx") under this Agreement shall inure to the benefit of Janus Capital. Except as provided in Sections 4.1 and 4.2, the Company shall not use any Xxxxx Xxxx on its own behalf or on behalf of the Accounts or Contracts in any registration statement, advertisement, sales literature or other materials relating to the Accounts or Contracts without the prior written consent of Janus Capital. All references contained in this Agreement to the name or xxxx "Xxxxx" shall include but not be limited to the Janus logo, the website xxx.xxxxx.xxx and any and all electronic links relating to such website. The Company will make no use of the name or xxxx "Xxxxx" except as expressly provided in this Agreement or expressly authorized by Janus Capital in writing. All goodwill associated with the name and xxxx "Xxxxx" shall inure to the benefit of Janus Capital or its affiliates. Upon termination of this Agreement for any reason, the Company shall cease any and all use of any Xxxxx Xxxx(s).

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. . 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the 4.1 The Company shall furnish, or shall cause to be furnished, to the Distributor prior to use, each piece of sales literature or other promotional material (as defined hereafter) advertising prepared by the Company in which the TrustIssuer, its investment adviser or the Distributor is named at least 15 days prior to its usedescribed. No such material shall sales literature or advertising will be used if the Distributor reasonably objects to such its use within five ten (510) Business Days after following receipt of by the Trust. Any failure to respond within such materialperiod shall be deemed to be acquiescence to such usage. 4.2. 4.2 The Company shall not give any information or will not, without the permission of the Distributor, make any representations or statements on behalf of the Trust Distributor or concerning the Trust Issuer or its investment adviser in connection with the advertising or sale of the Contracts Contracts, other than the information or representations contained in in: (a) the registration statement or prospectus for the Trust sharesSeries prospectus(es), as such registration statement (b) Series' annual and prospectus may be amended or supplemented from time to time, or in annual or semi-semi annual reports or to shareholders, (c) proxy statements for the TrustSeries, or in or, (d) sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. 4.3 The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designeeprior to use, each piece of sales literature or other promotional material advertising prepared by the Distributor in which the Company and/or Company, the Company's Account is named at least 15 days prior to its useContracts or Separate Accounts, are described. No such material shall sales literature or advertising will be used if the Company or reasonably objects to its designee object to such use within five ten (510) Business Days after following receipt of by the Company. Any failure to respond within such materialperiod shall be deemed to be acquiescence to such usage. 4.4. 4.4 Neither the Trust American Century nor the Distributor shall give any information Issuer or its investment adviser will, without the permission of the Company, make any representations or statements on behalf of the Company Company, the Contracts, or the Separate Accounts or concerning the Company, each Account, the Contracts or the Contracts Separate Accounts, in connection with the advertising or sale of the Contracts, other than the information or representations contained in a in: (a) the registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time (b) Separate Account reports to timeshareholders, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or (c) in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor is named at least 15 days prior to its use. No such material shall be used if the Distributor objects to such use within five (5) Business Days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the Distributor, except with the written permission of the Trust or the Distributor or the designee of either or as is required by law. 4.3. The Distributor or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object to such use within five (5) Business Days after receipt of such material. 4.4. Neither the Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participants, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. 4.1 Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Distributor Underwriter each piece of sales literature or other promotional material (as defined hereafter) in which the Trust, its investment adviser or the Distributor Underwriter is named at least 15 days prior to its use. No such material shall be used if the Distributor Underwriter objects to such use within five (5) Business Days after receipt of such material. 4.2. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus for the Trust shares, as such registration statement and prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorUnderwriter, except with the written permission of the Trust or the Distributor Underwriter or the designee of or either or as is required by law. 4.3. 4.3 The Distributor Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company or its designee, each piece of sales literature or other promotional material prepared by the Distributor Underwriter in which the Company and/or the Company's Account its separate account(s) is named at least 15 days prior to its use. No such material shall be used if the Company or its designee object objects to such use within five (5) Business Days after receipt of such material. 4.4. 4.4 Neither the Trust nor the Distributor Underwriter shall give any information or make any representations on behalf of the Company or concerning the Company, each Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as such registration statement and prospectus may be amended or supplemented from form time to time, or in published reports for each Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsowners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by law. 4.5. 4.5 For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representatives.

Sales Material and Information. 4.1. Without limiting the scope or effect of Section 4.2 hereof, the The Company shall furnish, or shall cause to be furnished, to the Distributor Trust or its designee, each piece of sales literature or other promotional material (as defined hereafter) in which the TrustTrust or LASC, its investment adviser or the Distributor any sub-adviser, or LFII is named named, at least 15 fifteen (15) days prior to its use. No such material shall be used if the Distributor Trust or its designee reasonably objects to such use within five fifteen (515) Business Days days after receipt of such material. 4.2. The Company shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus Prospectus for the Trust shares, as such registration statement and prospectus Prospectus may be amended or supplemented from time to time, or in annual or semi-annual reports or proxy statements for the Trust, or in sales literature or other promotional material approved by the Trust or its designee or by the DistributorLFII, except with the written permission of the Trust or the Distributor LFII or the designee of either or as is required by laweither. 4.3. The Distributor Trust or its designee shall furnish, or shall cause to be furnished, to the Company or its designeedesignees, each piece of sales literature or other promotional material prepared by the Distributor in which the Company and/or the Company's Account is its Separate Account(s), are named at least 15 fifteen ( 15) days prior to its use. No such material shall be used if the Company or its designee object reasonably objects to such use within five fifteen (515) Business Days days after receipt of such material. 4.4. Neither the The Trust nor the Distributor and LFII shall not give any information or make any representations or statements on behalf of the Company or concerning the Company, each any Separate Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the such Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports for each such Separate Account which are in the public domain or approved by the Company for distribution to Contract owners or participantsOwners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the Company or as is required by lawCompany. 4.5. The Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIs, reports, proxy statements, sales literature and other promotional materials, applications for exemption, requests for no-action letters, and all amendments to any of the above, that relate to the Trust or its shares, contemporaneously with the filing of such document with the SEC or other regulatory authorities. 4.6. The Company will provide to the Trust at least one complete copy of all registration statements, prospectuses, SAIs, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemption, requests for no-action letters, and all amendments to any of the above, that relate to the Contracts or any Separate Account, contemporaneously with the filing of such document with the SEC. 4.7. For purposes of this Article IV, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e. i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, letters seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all registered representativesagents or employees, and registration statements, prospectuses, SAIs, shareholder reports, and proxy materials.