Common use of Sales Material and Information Clause in Contracts

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material in which the Company, and/or its Account, is named at least fifteen calendar days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 Fund or its shares, contemporaneously with the filing of such document(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Trust, Advisor or Distributor or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) Trust, the Advisor or the Adviser Distributor is named and which the form of such material has not been previously reviewed by the Trust, Advisor or the Underwriter is namedDistributor, at least fifteen calendar days 10 Business Days prior to its use. No such material shall be used if the Fund Trust, the Advisor, the Distributor or its their designee reasonably object objects to such use within fifteen calendar no later than three business days after receipt of such material. The Fund or its designee reserves before the right to reasonably object to the continued intended use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company 4.2. Except with the permission of the Trust, Distributor or Advisor or their designee, the Company, its affiliates and agents shall not give any information or make any representations or statements on behalf of the Fund Trust, the Distributor or the Advisor or concerning the Fund in connection with Trust, the sale of Distributor or the Contracts Advisor, other than the information or representations contained in the registration statement or prospectus or SAI for the Fund Trust shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the FundTrust, or in sales literature or other promotional material approved by the Fund Trust or its designee or by the UnderwriterDistributor. This shall not apply to independently created information based on Trust, except with Distributor or Advisor information otherwise allowable under this paragraph, but in no case shall the permission of Company, its affiliates and agents give such information or make such statements in a context that causes the Fund information, representations or the Underwriter statements to be false or the designee of eithermisleading. 4.3 4.3. The FundTrust, Underwriter, Advisor or its designee Distributor shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, and/or its Account, an Account or Contract is named and which the form of such material has not been previously reviewed by the Company, at least fifteen calendar days ten Business Days prior to its use. No such material shall be used if the Company or its designee reasonably objects to such use within fifteen calendar no later than three business days after receipt before the intended use of such material. 4.4. The Company reserves Except with the right to reasonably object to the continued use permission of such material and no such material shall be used if the Company so objects. 4.4 The Fund or its designee, the Trust, the Advisor, and the Underwriter Distributor, as well as their affiliates and agents, shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee. This shall not apply to independently created information based on Company, except with Account or Contract information otherwise allowable under this paragraph, but in no case shall the permission of Trust, Distributor, Advisor, their affiliates and/or agents give such information or make such statements in a context that causes the Companyinformation, representations or statements to be false or misleading. 4.5 4.5. The Fund Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements 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 Trust or its shares, contemporaneously with promptly after the filing of such document(s) document with the SEC or other regulatory authorities. 4.6 The 4.6. Upon request, the Company will provide to the Fund 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, contemporaneously with materials promptly after the filing of such document(s) document with the SEC or other regulatory authorities. 4.7 4.7. For purposes of this Article IV, the phrase “sales literature and or other promotional materialsmaterial” includes, but is not limited to, any of the following that refer to the Fund Trust, Advisor, Distributor, Company or any affiliate of their respective designee in the Fundsame or similar context: 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials, and any other communications distributed or made generally available with regard to the Fundsbut shall not include institutional sales communications.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be maybe amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material in which the Company, and/or its any Account, is named at least fifteen calendar days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the AccountAccounts, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account Accounts which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 Fund or its shares, contemporaneously with the filing of such document(s) 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, SAIs, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests request for no-action letters, and all amendments to any of the above, that relate to the Contracts or the AccountAccounts, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Underwriter or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Fund Underwriter or its designee. The Underwriter or its designee reasonably object will be deemed to have approved such use sales literature or promotional material unless the Underwriter or its designee objects or provides comments to the Company within fifteen calendar days ten (10) Business Days after receipt of such material. The Fund Underwriter or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund Underwriter or its designee so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Underwriter, or its designee designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Underwriter, or its designee within fifteen calendar days ten (10) Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund Underwriter 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund Underwriter at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 4.7. The Underwriter will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund's registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Underwriter will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. The Underwriter will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses. 4.8. For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Fund, the Underwriter, or its designeetheir designees, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named. No such material shall be used until approved by the Fund, the Underwriter or their designees. The Fund, the Underwriter, or their designees will be deemed to have approved such sales literature or promotional material unless the Fund or its designee objects or provides comments to the Company within ten (10) Business Days after receipt of such material. The Fund, the Underwriter, or their designees reserve the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund Fund, the Underwriter or its designee their designees so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or profiles or prospectus or SAI for the Fund shares, as such registration statement and profiles and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Fund, the Underwriter, or their designee within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund will provide to the Company at least one complete copy of all registration statements, profiles, prospectuses, SAIs, shareholder 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 promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund or the Underwriter at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 4.7. The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund's registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. 4.8. For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) its investment adviser or the Adviser or the Underwriter any of its underwriters is named, at least fifteen calendar days (15) "Business Days" prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar days (15) "Business Days" after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus or SAI Prospectus for the Fund shares, as such registration statement and prospectus or SAI Prospectus may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its the Distributor or the designee or by the Underwriterof either, except with the permission of the Fund or the Underwriter Distributor or the designee of either. 4.3 The Fund, UnderwriterFund and the Distributor, or its the designee of either shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, Company and/or its AccountAccount(s), is named at least fifteen calendar days (15) "Business Days" prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days (15) "Business Days" after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter Distributor shall not give any information or make any representations on behalf of the Company or concerning the Company, the an Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Upon request, the Fund will provide to the Company at least one complete copy of all registration statements, prospectusesProspectuses, SAIsStatements 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(s) with the SEC or other regulatory authorities. 4.6 The Upon request, the Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-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 SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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 materials published, or designed for use inuse, 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 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 agents or employees, and registration statements, prospectuses, SAIsstatements of additional information, shareholder reports, and proxy materials, materials and any other communications distributed material constituting sales literature or made generally available with regard to advertising under the FundsNational Association of Securities Dealers, Inc. (the "NASD") rules, the 1940 Act, the 1933 Act, or rules thereunder.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, at least fifteen business days prior to first use, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Fund or its designee, and the Fund will use its best efforts for it or its designee reasonably object to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be be, furnished, to the Company, at least fifteen business days prior to first use, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, or the Contracts, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company, and the Company reasonably objects will use its best efforts to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account, or the Contracts, is named, and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 Fund or its shares, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. The Fund will provide to the Company any complaints filed with the SEC received that pertain to the Company, the Account, or the Contracts. 4.6 The Company will provide to the Fund at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio filed with the SEC. 4.7 The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund's registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses. 4.8 For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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), and sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including brochures, circulars, reports, market letters, form letters, telemarketing scripts, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), distributed or made generally available to customers or to the public, educational or training materials or other communications distributed or made generally available to some or all agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or Fund, the Adviser or the Underwriter is named, at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar days (15) Business Days after receipt of such material. The Fund Fund, the Adviser, the Underwriter, or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund, the Adviser or the Underwriter is named, and no such material shall be used if the Fund Fund, the Adviser, the Underwriter, or its designee so objectobjects. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the express written permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, the Underwriter, or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, and/or Company or its AccountSeparate Account(s), is named at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days (15) Business Days after receipt of such material. The Notwithstanding that the Company did not initially object, the Company reserves the right to reasonably object at any time thereafter to the continued use of any such sales literature or other promotional material in which the Company is named, and no such material shall be used thereafter if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the any Separate Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Separate Account which that are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the express written permission of the Company. 4.5 The Upon request, the Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, proxy statements, sales literature and or other promotional materialsmaterial, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Fund or its shares, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.6 The Upon request, the Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and or other promotional materialsmaterial, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Contracts or the any Separate Account, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings, electronic or other public pubic media)), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, performance reports or summaries, form letters, telemarketing scripts, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials. 4.8 The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for the Fund, and of any other communications distributed material change in the Fund's registration statement or made generally available with regard prospectus, particularly any change resulting in a change to the Fundsregistration statement or prospectus for any Separate Account. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund Underwriter or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser Funds or the Underwriter is named, at least fifteen (15) calendar days prior to its use. No such material shall be used if the Fund Underwriter or its designee reasonably object to such use within fifteen (15) calendar days after receipt of such material. The Fund Underwriter or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund Underwriter or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the a Fund or concerning the a Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus or SAI Statement of Additional Information ("SAI") for the Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Adviser or Underwriter, except with the permission of the Fund or the Adviser, Underwriter or the designee of eitherFund, or their designee. 4.3 The Fund, Adviser and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that they develop or use or a Fund develops or uses and in which the Company, and/or its Account, is named at least fifteen (15) calendar days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen (15) calendar days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund Adviser and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, the Contracts, or the Contracts any certificates thereunder other than the information or representations contained in a registration statement, prospectus, the Contracts or SAI for the Contractsany certificates thereunder, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Underwriter shall provide the Company with as many printed copies of the current prospectus, current SAI, supplements, proxy statements, and annual or semi-annual reports of each Fund as the Company may reasonably request to deliver to current or prospective Contract owners. The Underwriter will pay or cause to be paid the expenses and postage associated with providing such documentation to the Company. If requested by the Company in lieu thereof, the Underwriter shall provide such documents (including a "camera-ready" copy of such documents as set in type, a diskette in the form sent to the financial printer, or an electronic copy of the documents in a format suitable for posting on the Company's website, all as the Company may reasonably request) and such other assistance as is reasonably necessary in order for the Company to have prospectuses, SAIs, supplements, proxy statements, and annual or semi-annual reports for the Contracts and the Fund printed together in a single document, posted on the Company's website, or produced in a digital format such as CD-ROM. The Underwriter will pay or cause to be paid a pro rata portion of the expenses associated with such digital reproduction or printing and providing such document, such portion to be determined with reference to the number of pages attributable to the Fund's documents relative to the total number of pages of the single document. The parties agree that in no event will the Underwriter's pro rata portion of the expenses associated with digital reproduction or with printing and providing a single document exceed the expenses incurred by the Underwriter with printing and providing Fund documents separately. 4.6 The Underwriter will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIs, reports, proxy statements, sales literature and other promotional materialsmaterials sent to all shareholders, and all amendments to any of the above, that relate to the Funds or their shares, promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Underwriter will promptly notify the Company of any 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(s) filed with the SEC or other regulatory authoritiesauthorities that relate to the Funds or their shares. 4.6 4.7 The Company will provide to the Fund Underwriter 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 lettersif any, 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 SEC or other regulatory authorities. 4.7 4.8 For purposes of this Article IV, the phrase “"sales literature and other promotional materials” 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, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), or electronic or other public media), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including brochures, circulars, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 The Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Fund or its designee, Underwriter each piece of sales literature or other promotional material that the Company develops or uses and (as defined hereafter) in which the Fund (or a Portfolio thereof) or the Adviser Trust, its investment adviser or the Underwriter is named, named at least fifteen calendar 10 days prior to its use. No such material shall be used if the Fund or its designee reasonably object Underwriter objects to such use within fifteen calendar days five Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund Trust or concerning the Fund Trust 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 Fund Trust 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 FundTrust, or in sales literature or other promotional material approved by the Fund Trust or its designee or by the Underwriter, except with the written permission of the Fund Trust or the Underwriter or the designee of eithereither or as is required by law. 4.3 The Fund, Underwriter, Underwriter or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material prepared by the Underwriter in which the Company, Company and/or its Account, separate account(s) is named at least fifteen calendar 15 days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days five Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and Neither the Trust nor the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the CompanyCompany or as is required by law. 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 Fund or its shares, contemporaneously with the filing of such document(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “sales literature and or other promotional materialsmaterial” 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Fundsregistered representatives.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or Fund, the Adviser or the Underwriter is named, at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar days (15) Business Days after receipt of such material. The Fund Fund, the Adviser, the Underwriter, or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund, the Adviser or the Underwriter is named, and no such material shall be used if the Fund Fund, the Adviser, the Underwriter, or its designee so objectobjects. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the express written permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, the Underwriter, or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, and/or Company or its AccountAccount(s), is named at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days (15) Business Days after receipt of such material. The Notwithstanding that the Company did not initially object, the Company reserves the right to reasonably object at any time thereafter to the continued use of any such sales literature or other promotional material in which the Company is named, and no such material shall be used thereafter if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the any Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the express written permission of the Company. 4.5 The Upon request, the Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, proxy statements, sales literature and or other promotional materialsmaterial, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Fund or its shares, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.6 The Upon request, the Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and or other promotional materialsmaterial, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Contracts or the any Account, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “sales literature and or other promotional materialsmaterial” 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, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings, electronic or other public pubic media)), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, performance reports or summaries, form letters, telemarketing scripts, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials. 4.8 The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for the Fund, and of any other communications distributed material change in the Fund’s registration statement or made generally available with regard prospectus, particularly any change resulting in a change to the Fundsregistration statement or prospectus for any Account. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days (15) Business Days after receipt of such material. The Fund Fund, the Adviser, or its the designee of either reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund or the Adviser is named, and no such material shall be used if the Fund Fund, the Adviser, or its the designee of either so objectobjects. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter Adviser or the designee of either. 4.3 The Fund, Underwriterthe Adviser, or its the designee of either shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, and/or Company or its AccountAccount(s), is named at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Company reasonably objects or its designee object to such use within fifteen calendar days (15) Business Days after receipt of such material. The Notwithstanding that the Company did not initially object, the Company reserves the right to reasonably object at any time thereafter to the continued use of any such sales literature or other promotional material in which the Company is named, and no such material shall be used thereafter if the Company so objects. 4.4 The Fund and the Underwriter Adviser shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund will provide to the Company at least one complete copy of all public registration statements, prospectuses, SAIsStatements of Additional Information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Fund or its shares, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.6 The Upon request, the Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Contracts or the each Account, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic or other public media), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, performance reports or summaries, form letters, telemarketing scripts, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials. 4.8 The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for the Fund, and of any other communications distributed material change in the Fund's registration statement or made generally available with regard prospectus, particularly any change resulting in a change to the Fundsregistration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its registration statement and prospectus, in an orderly manner. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, Underwriter each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (Trust or a Portfolio thereof) or the Adviser its investment adviser or the Underwriter is named, named at least fifteen calendar 15 days prior to its use. No such material shall be used if the Fund or its designee reasonably object Underwriter objects to such use within fifteen calendar days five Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund Trust or concerning the Fund Trust 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 Fund Trust 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 FundTrust, or in sales literature or other promotional material approved by the Fund Trust or its designee or by the Underwriter, except with the written permission of the Fund Trust or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, Underwriter or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, Company and/or its Account, separate account(s) is named at least fifteen calendar 15 days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days five Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and Neither the Trust nor the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements 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, and the Underwriter will provide at least one complete copy of all sales literature and other promotional materials that relate to the Fund Trust or its shares, contemporaneously with excluding sales literature and other promotional materials relating to separate accounts of other participating insurance companies, promptly following the filing of such document(s) document with the SEC Securities and Exchange Commission or other regulatory authorities. 4.6 The Company will provide to the Fund Trust and the Underwriter at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materialsmaterials (to the Underwriter only), applications for exemptions, requests for no-no action letters, and all amendments to any of the above, that relate to the Contracts or the each Account, contemporaneously with promptly following the filing of such document(s) document with the SEC or other regulatory authoritiesSecurities and Exchange Commission. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Fundsregistered representatives.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or Fund, any Portfolio, the Adviser or the Underwriter is named, at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days Business Days after receipt of such material. The Fund Fund, the Adviser, the Underwriter, or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund, any Portfolio, the Adviser or the Underwriter is named, and no such material shall be used if the Fund Fund, the Adviser, the Underwriter, or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, the Underwriter, or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, and/or Company or its AccountAccount(s), is named at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Company reasonably objects or its designee object to such use within fifteen calendar days Business Days after receipt of such material. The Notwithstanding that the Company did not initially object, the Company reserves the right to reasonably object at any time thereafter to the continued use of any such sales literature or other promotional material in which the Company is named, and no such material shall be used thereafter if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Fund or its shares, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, 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, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-no action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Contracts Fund or the Accountits shares, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic or other public pubic media), sales literature (i.e.I.E., any written or electronic communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, performance reports or summaries, form letters, telemarketing scripts, 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 agents or employees. 4.8 The Fund 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 statementsstatement or prospectus, prospectuses, SAIs, shareholder reports, proxy materials, and particularly any other communications distributed or made generally available with regard change resulting in a change to the Fundsregistration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its registration statement and prospectus, in an orderly manner. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Underwriter or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Fund Underwriter or its designee. The Underwriter or its designee reasonably object will be deemed to have approved such use sales literature or promotional material unless the Underwriter or its designee objects or provides comments to the Company within fifteen calendar days ten (10) Business Days after receipt of such material. The Fund Underwriter or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund Underwriter or its designee so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Underwriter, or its designee designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Underwriter, or its designee within fifteen calendar days ten (10) Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund Underwriter 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund Underwriter at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 4.7. The Underwriter will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund’s registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Underwriter will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. The Underwriter will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses. 4.8. For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund Underwriter or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Fund Underwriter or its designee reasonably object to such use within fifteen calendar days (15) Business Days after receipt of such material. The Fund Underwriter, the Adviser, or its the designee of either reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund or the Adviser is named, and no such material shall be used if the Fund Fund, the Adviser, or its the designee of either so objectobjects. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter Adviser or the designee of either. 4.3 The Fund, Underwriter, the Adviser, or its the designee of either shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, and/or Company or its AccountAccount(s), is named at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Company reasonably objects or its designee object to such use within fifteen calendar days (15) Business EXHIBIT 8(H) Days after receipt of such material. The Notwithstanding that the Company did not initially object, the Company reserves the right to reasonably object at any time thereafter to the continued use of any such sales literature or other promotional material in which the Company is named, and no such material shall be used thereafter if the Company so objects. 4.4 The Fund Underwriter and the Underwriter Adviser shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund Underwriter will promptly provide to the Company at least one complete copy of all of the Fund's public registration statements, prospectuses, SAIssummary prospectuses, Statements of Additional Information (SAI), shareholder reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action lettersletters and, notices of exemptive orders, and notices, orders or responses relating thereto, and all supplements and amendments to any of the above, that relate to the Fund or its shares, contemporaneously with as reasonably practicable following the filing effective date of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities; provided however, that the Fund's prospectus and SAI (and summary prospectus, if requested by the Company) shall not be provided later than the effective date of such filing. Upon request, the Underwriter will promptly provide to the Company at least one complete copy of all sales literature and other promotional materials, and all amendments to any of the foregoing, that relate to the Fund or its shares. 4.6 The Upon request, the Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Contracts or the each Account, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic or other public media), sales literature (i.e., any ---- written or electronic communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, performance reports or summaries, form letters, telemarketing scripts, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials. 4.8 The Adviser will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for the Fund. The Adviser will work with the Company so as to enable the Company to solicit proxies from Contract owners. In addition, and the Adviser agrees to provide the Company with as much notice as is reasonably practicable of any other communications distributed or made generally available with regard material change in the Fund's registration statement, particularly any change that would result in a change to the Funds.registration statement or prospectus for any Account. EXHIBIT 8(H)

Sales Material and Information. 4.1 4.1. The Company is hereby granted a non-exclusive, royalty-free, worldwide license to use, print, broadcast and otherwise display in any print or electronic medium the Fund's, Distributor's and Adviser's service marks, trade names and logos in sales literature or other promotional material created and published by the Company with respect to Contracts, provided such use in print, broadcast or other display conforms to such written guidelines, if any, provided by the Fund or Distributor. 4.2. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used until approved by the Fund or its designee, and the Fund will use its best efforts for it or its designee to review such sales literature or promotional material within ten Business Days after receipt of such material; provided, however, that the Company may begin using such material if the Fund or its designee reasonably object fails to review or respond within such use within fifteen calendar days after receipt of such materialperiod. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so object. 4.2 4.3. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or statutory prospectus or SAI for the Fund shares, as such registration statement and statutory prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. The Company shall comply with all applicable laws, including Rule 498 under the 1933 Act, when composing, compiling and delivering sales literature or other promotional material. 4.3 4.4. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company, and the Company reasonably objects will use its best efforts to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material; provided, however, the Fund and the Underwriter may begin using such material if the Company or its designee fails to review or respond within such period. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.5. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the prior permission of the Company. 4.5 4.6. The Fund will provide to the Company at least one complete copy of all registration statements, statutory 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall not alter any of such documents provided by the Fund without the prior written consent of the Fund or Underwriter. 4.6 4.7. The Company will shall 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 the Underwriter any of material complaints received from the above, that relate Contract owners pertaining to the Contracts Fund or the Account, contemporaneously with the filing of such document(s) with the SEC or other regulatory authoritiesDesignated Portfolio. 4.7 4.8. For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, or designed for use in, in a newspaper, magazine, or other periodical, radio, television, telephone telephone, Internet, or tape recording, videotape display, signs or billboardssigns, motion picturesvideo streams, computerized media, websites or other public media), sales literature or other promotional material (i.e., any written communication distributed or made generally available to key firms, customers or the public, including brochures, circulars, pitch books, information provided on a website, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, sale literature or published articleother promotional material), educational or training materials or other communications distributed or made generally available to some or all agents agents, wholesalers or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Fund, the Underwriter, or its designeetheir designees, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named. No such material shall be used until approved by the Fund, the Underwriter or their designees. The Fund, the Underwriter, or their designees will be deemed to have approved such sales literature or promotional material unless the Fund, the Underwriter or their designees object or provide comments to the Company within ten (10) Business Days after receipt of such material. The Fund, the Underwriter, or their designees reserve the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund Fund, the Underwriter or its designee their designees so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or profiles or prospectus or SAI for the Fund shares, as such registration statement and profiles and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Underwriter, or its designee designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Fund, the Underwriter, or their designee within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund Underwriter will provide to the Company at least one complete copy of all registration statements, profiles, prospectuses, SAIs, shareholder reports, proxy statements, sales literature and other promotional materials, and upon request, 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 promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund or the Underwriter at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 4.7. The Underwriter will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and, if possible, of any material change in the Fund’s registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. 4.8. For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, the form of each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser or the Underwriter its investment advisor is named, at least fifteen calendar days ten (10) Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar days five (5) Business Days after receipt of such its material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the 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 or SAI Prospectus for the Fund shares, as such registration statement and prospectus or SAI Prospectus may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriterdesignee, except with the permission of the Fund or the Underwriter or the designee of eitherits designee. 4.3 The Fund, Underwriter, Fund or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, Company and/or its AccountSeparate Account(s), is are named at least fifteen calendar days ten (10) Business Days prior to its use. No such material shall be used if the Company or its designee reasonably objects to such use within fifteen calendar days five (5) Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations or statements on behalf of the Company or concerning the Company, the each Separate Account, or the Contracts Variable Insurance Products other than the information or representations contained in or accurately derived from a registration statement, prospectus, statement or SAI prospectus for the Contractssuch Variable Insurance Products, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the such Separate Account which are in the public domain or approved by the Company for distribution to Contract ownersOwners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund will shall provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements 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(s) document with the SEC or other regulatory authorities. 4.6 The Company will shall provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements 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 Variable Insurance Products or the any Separate Account, contemporaneously with the filing of such document(s) document with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder share-hold-er reports, and proxy materials, materials and any other communications distributed material constituting sales literature or made generally available with regard to advertising under the Funds1933 Act, the 1940 Act or NASD rules.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, at least fifteen business days prior to first use, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Fund or its designee, and the Fund will use its best efforts for it or its designee reasonably object to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be be, furnished, to the Company, at least fifteen business days prior to first use, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, or the Contracts, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company, and the Company reasonably objects will use its best efforts to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account, or the Contracts, is named, and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 Fund or its shares, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. The Fund will provide to the Company any complaints received that pertain to the Company, the Account, or the Contracts. 4.6 The Company will provide to the Fund at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund's registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses. 4.8 For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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), and sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including brochures, circulars, reports, market letters, form letters, telemarketing scripts, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), distributed or made generally available to customers or to the public, educational or training materials or other communications distributed or made generally available to some or all agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, at least fifteen business days prior to first use, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Fund or its designee, and the Fund will use its best efforts for it or its designee reasonably object to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be be, furnished, to the Company, at least fifteen business days prior to first use, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, or the Contracts, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company, and the Company reasonably objects will use its best efforts to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account, or the Contracts, is named, and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 Fund or its shares, contemporaneously with the filing of such document(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 The Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Fund or its designeeUnderwriter (or, at the Trust's request, the Trust) each piece of sales literature or other promotional material that the Company develops or uses and (as defined hereafter) in which the Fund (or a Portfolio thereof) or the Adviser Trust, its investment adviser or the Underwriter is named, named at least fifteen calendar 15 days prior to its use. No such material shall be used if the Fund Underwriter or its designee reasonably object the Trust objects to such use within fifteen calendar days five Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund Trust or concerning the Fund Trust 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 Fund Trust 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 FundTrust, or in sales literature or other promotional material approved by the Fund Trust or its designee or by the UnderwriterUnderwriter (unless the Company is instructed to cease using such sales literature or other promotional material or it is evident that such material is no longer current), as all of the foregoing may be supplemented from time to time, except with the written permission of the Fund Trust or the Underwriter or the designee of eithereither or as is required by law. 4.3 The Fund, Underwriter, Underwriter or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material prepared by the Underwriter in which the Company, Company and/or its Account, separate account(s) is named at least fifteen calendar 15 days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days five Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and Neither the Trust nor the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the CompanyCompany or as is required by law. 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 Fund or its shares, contemporaneously with the filing of such document(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Fundsregistered representatives.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, the form of each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser or the Underwriter its investment advisor is named, at least fifteen calendar days ten (10) Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar days five (5) Business Days after receipt of such its material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the 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 or SAI Prospectus for the Fund shares, as such registration statement and prospectus or SAI Prospectus may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriterdesignee, except with the permission of the Fund or the Underwriter or the designee of eitherits designee. 4.3 The Fund, Underwriter, Fund or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, Company and/or its AccountSeparate Account(s), is are named at least fifteen calendar days ten (10) Business Days prior to its use. No such material shall be used if the Company or its designee reasonably objects to such use within fifteen calendar days five (5) Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations or statements on behalf of the Company or concerning the Company, the each Separate Account, or the Contracts Variable Insurance Products other than the information or representations contained in or accurately derived from a registration statement, prospectus, statement or SAI prospectus for the Contractssuch Variable Insurance Products, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the such Separate Account which are in the public domain or approved by the Company for distribution to Contract ownersOwners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund will shall provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements 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(s) document with the SEC or other regulatory authorities. 4.6 The Company will shall provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements 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 Variable Insurance Products or the any Separate Account, contemporaneously with the filing of such document(s) document with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials, materials and any other communications distributed material constituting sales literature or made generally available with regard to advertising under the Funds1933 Act, the 1940 Act or NASD rules.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Underwriter or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the any Fund (or a Portfolio thereof) or the Adviser its investment adviser or the Underwriter is named, at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Fund Underwriter or its designee reasonably object objects to such use within fifteen calendar days Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the any Fund or concerning the any Fund 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 such Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the such Fund, or in sales literature or other promotional material approved by the Fund Underwriter or its designee or by the Underwriterdesignee, except with the permission of the Underwriter or its designee. 4.3. Sales literature in which any Fund or its investment advisor is named shall be submitted to the SEC or NASD for review as required by applicable law. Copies of any comments received that relate to a Fund or the Underwriter or its affiliates shall be sent to the designee of eitherUnderwriter or its designee. 4.3 4.4. The Fund, Underwriter, Underwriter or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the CompanyCompany or any Account is named, and/or its Account, is named at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days Business Days after receipt of such material. 4.5. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the any Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.6. The Fund Company will provide to the Company Underwriter 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 Statements of the above, that relate to the Fund or its shares, contemporaneously with the filing of such document(s) 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, SAIsAdditional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-no action letters, and all amendments to any of the above, that relate to the Contracts or the any Account, contemporaneously promptly after with the filing of such document(s) document with the SEC or other regulatory authorities. 4.7 4.7. For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, named at least fifteen calendar 15 days prior to its use. No such material shall be used if until approved by the Fund or its designee, and the Fund will use its best efforts for it or its designee reasonably object to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so object. However, notwithstanding the foregoing, the failure to object in writing within 30 days shall be deemed approval. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or of proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Separate Account, is named at least fifteen calendar 15 days prior to its use. No such material shall be used if until approved by the Company, and the Company reasonably objects will use its best efforts to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Separate Account is named, and no such material shall be used if the Company so objects. However, notwithstanding the foregoing, the failure to object in writing within 30 days shall be deemed approval. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, Company the Separate Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Separate Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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 Separate Account, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 4.7. For purposes purpose of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 communication distributed or made generally available to some or all agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such its use in writing within fifteen calendar days ten Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so objectobjects. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund sharesShares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be be, furnished, to the Company, each piece of sales literature or other promotional material that it develops or uses and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if the Company reasonably objects to such its use in writing within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, any prospectuses and 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 Fund or its shares, contemporaneously with Designated Portfolio(s) reasonably promptly after the filing of such document(s) with the SEC or NASD or other regulatory authorities. Upon request, the Fund will provide to the Company copies of SEC exemptive orders and no-action letters and sales literature and other promotional material that relate to the Designated Portfolios and to the performance of this Agreement by the parties. 4.6 4.6. The Company will provide to the Fund at least one complete copy of all registration statementsany prospectuses (which shall include an offering memorandum, prospectusesif any, if the Contracts issued by the Company or interests therein are not registered under the 0000 Xxx) and 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, contemporaneously with Account reasonably promptly after the filing of such document(s) with the SEC or NASD or other regulatory authorities. 4.7 For purposes of this Article IV. Upon request, the phrase “Company will provide to the Fund copies of SEC exemptive orders and no-action letters, solicitations of voting instructions and sales literature and other promotional materials” includes, but is not limited to, any of the following material that refer relate to the Fund or any affiliate of 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, or other public media), sales literature (i.e., any written communication distributed or made generally available to customers Contracts or the public, including brochures, circulars, reports, market letters, form letters, seminar texts, reprints or excerpts Account and the performance 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.this Agreement by the

Sales Material and Information. 4.1 4.1. The Company is hereby granted a non-exclusive; royalty-free, worldwide license to use, print, broadcast and otherwise display in any print or electronic medium the Fund's, Distributor's and Adviser's service marks, trade names and logos in sales literature or other promotional material created and published by the Company with respect to Contracts, provided such use in print, broadcast or other display conforms to such written guidelines, if any, provided by the Fund or Distributor. 4.2. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used until approved by the Fund or its designee, and the Fund will use its best efforts for it or its designee to review such sales literature or promotional material within ten Business Days after receipt of such material; provided, however, that the Company may begin using such material if the Fund or its designee reasonably object fails to review or respond within such use within fifteen calendar days after receipt of such materialperiod. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so object. 4.2 4.3. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or statutory prospectus or SAI for the Fund shares, as such registration statement and statutory prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. The Company shall comply with all applicable laws,-" including Rule 498 under the 1933 Act, when composing, compiling and delivering sales literature or other promotional material. 4.3 4.4. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company, and the Company reasonably objects will use its best efforts to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material; provided, however, the Fund and the Underwriter may begin using such material if the Company or its designee fails to review or respond within such period. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall shalt be used if the Company so objects. 4.4 4.5. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the prior permission of the Company. 4.5 4.6. The Fund will provide to the Company at least one complete copy of all registration statements, statutory prospectuses, SAIs, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-no- action letters, and all amendments to any of the above, that relate to the Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall not alter any of such documents provided by the Fund without the prior written consent of the Fund or. Underwriter. 4.6 4.7. The Company will shall 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 the Underwriter any of material complaints received from the above, that relate Contract owners pertaining to the Contracts Fund or the Account, contemporaneously with the filing of such document(s) with the SEC or other regulatory authoritiesDesignated Portfolio. 4.7 4.8. For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, or designed for use in, in a newspaper, magazine, or other periodical, radio, television, telephone telephone, Internet, or tape recording, videotape display, signs or billboardssigns, motion picturesvideo streams, computerized media, websites or other public media), sales literature or other promotional material (i.e., any written communication distributed or made generally available to key firms, customers or the public, including brochures, circulars, pitch books, information provided on a website, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, sale literature or published articleother promotional material), educational or training materials or other communications distributed or made generally available to some or all agents agents, wholesalers or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designeethe Underwriter, each piece of sales literature or other promotional material (“sales literature”) that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar eight business days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar eight business days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations representation or statements statement on behalf of the Fund or concerning the 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 statement, prospectus or SAI for the Fund sharesshares of the Designated Portfolios, as such registration statement and statement, prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, Fund or its designee the Underwriter shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature that the Fund or other promotional material Underwriter develops or uses and in which the CompanyCompany and/or an Account is named, and/or its Account, is named at least fifteen calendar eight business days prior to its use. No such material shall be used if the Company or its designee reasonably objects to such use within fifteen calendar eight business days after receipt of such material. The Company or its designee reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company or its designee so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations representation or statement on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in or accurately derived from a registration statement, prospectus, or SAI statement of additional information for the Contracts, as such registration statement, prospectus or SAI statement of additional information may be amended or supplemented from time to time, or in published reports for the Account Accounts which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the CompanyCompany or its designee. 4.5 The At the request of the Company, 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 materialsliterature, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Fund or its sharesDesignated Portfolios, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.6 The At the request of the Fund, the Company will promptly provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsstatements of additional information, shareholder reports, and all amendments to any of them that relate to the Contracts or the Accounts and at least one complete copy of solicitations for voting instructions, sales literature literature, and other promotional materials, all amendments to any of them that relate to the Fund or a Designated Portfolio. The Company will provide to the Fund applications for exemptions, requests for no-no action letters, and all amendments to any of the above, them that relate to the Contracts Fund or the Account, a Designated Portfolio contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IVAgreement, the phrase “sales literature and other promotional materialsliterature” includes, but is not limited to, any of the following that refer to the Fund or any affiliate of the Fundfollowing: advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, electronic media, 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 literature (i.e., i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, materials (including solicitations for voting instructions) and any other communications distributed material constituting sales literature or made generally advertising under the NASD rules, the 1933 Act or the 1000 Xxx. 4.8 At the request of any party to this Agreement, any other party will make available with regard to the Fundsrequesting party’s independent auditors and/or representatives of the appropriate regulatory agencies, all records, data and access to operating procedures that may reasonably be requested in connection with compliance and regulatory requirements related to this Agreement or any party’s obligations under this Agreement. 4.9 Except as provided in Section 4.3, the Company will not use any designation comprised in whole or part of the name or mxxx “Calamos” or any logo or other trademark relating to the Fund, the Adviser or the Underwriter without prior written consent. Upon termination of this Agreement for any reason, the Company will cease all use of any such name or mxxx as soon as reasonably practicable.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund Investment Company or its designee, each piece of sales literature or other promotional material that the Company develops material, or uses and component thereof, in which the Fund (or a Portfolio thereof) or Investment Company, the Adviser Adviser, or the Underwriter is named, at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Fund Investment Company or its designee reasonably object to such use within fifteen calendar days Business Days after receipt of such material. The Fund Once any such material has been so furnished to the Investment Company or its designee reserves and fifteen Business days have elapsed, such materials need not again be so furnished absentunless any subsequent changes to such material that affect the right to reasonably object materials' discussion or presentation relating to the continued use Investment Company, its advisor, the Underwriter, or any of such materialtheir affiliates (other than the Company or persons that are deemed affiliates only by virtue of being controlled by the Company). In particular, and no such material shall materials that have been changed merely to update performance or financial information need not be used if the Fund or its designee so objectfurnished. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund Investment Company or concerning the Fund Investment Company 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 Fund Investment Company shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the FundInvestment Company, or in sales literature or other promotional material approved by the Fund Investment Company or its designee or by the Underwriter, except with the permission of the Fund Investment Company or the Underwriter or the designee of either. 4.3 The FundInvestment Company, the Underwriter, or its designee their designees shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material material, or component thereof, in which the Company, and/or Company or its Account, is separate Accounts are named at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund Investment Company and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, prospectus or SAI offering materials for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund Investment Company will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements 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 Investment Company or its shares, contemporaneously with the filing of such document(s) document with the SEC Securities and Exchange Commission or other regulatory authorities. 4.6 The Company will provide to the Fund Investment Company at least one complete copy of all registration statements, prospectuses, SAIsStatements 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 each Account, contemporaneously with the filing of such document(s) document with the SEC or other regulatory authorities. In the case of unregistered Contracts, in lieu of providing prospectuses and Statements of Additional Information, the Company shall provide the Investment Company with one complete copy of the offering materials for the Contracts. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, 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., 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) its investment adviser or the Adviser or the Underwriter any of its underwriters is named, at least fifteen calendar days (15) "Business Days" prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar days (15) "Business Days" after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus or SAI Prospectus for the Fund shares, as such registration statement and prospectus or SAI Prospectus may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its the Distributor or the designee or by the Underwriterof either, except with the permission of the Fund or the Underwriter Distributor or the designee of either. 4.3 The Fund, UnderwriterFund and the Distributor, or its the designee of either shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, Company and/or its AccountAccount(s), is named at least fifteen calendar days (15) "Business Days" prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days Fifteen (15) "Business Days" after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter Distributor shall not give any information or make any representations on behalf of the Company or concerning the Company, the an Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Upon request, the Fund will provide to the Company at least one complete copy of all registration statements, prospectusesProspectuses, SAIsStatements 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(s) with the SEC or other regulatory authorities. 4.6 The Upon request, the Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-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 SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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 materials published, or designed for use inuse, 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 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 agents or employees, and registration statements, prospectuses, SAIsstatements of additional information, shareholder reports, and proxy materials, materials and any other communications distributed material constituting sales literature or made generally available with regard to advertising under the FundsFINRA rules, the 1940 Act, the 1933 Act, or rules thereunder.

Sales Material and Information. 4.1 The Company 4.1. NATIONWIDE and Schwab shall furnish, or shall cause to be furnished, to the Fund or its designee, a copy of each piece of sales literature or other promotional material that the Company NATIONWIDE or Schwab, respectively, develops or uses proposes to use and in which the Fund (or a Portfolio Designated Port­folio thereof) ), its Adviser, any of its sub-advisers, or the Adviser or Distributor is named in connection with the Underwriter is namedContracts, at least fifteen calendar days ten (10) Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar days five (5) Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof), its Adviser, any of its sub-advisers, or the Distributor is named and no such material shall be used if the Fund or its designee so objectobjects. 4.2 The Company 4.2. NATIONWIDE and Schwab shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or statement, prospectus or SAI for the Fund shares, as such registration statement and prospectus or SAI the same may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund Fund, Distributor or its designee or by the UnderwriterAdviser, except with the permission of the Fund Fund, Distributor or the Underwriter or the designee of eitherAdviser. 4.3 4.3. The Fund, UnderwriterDistributor, or its designee the Adviser shall furnish, or shall cause to be furnished, to the CompanyNATIONWIDE and Schwab, a copy of each piece of sales literature or other promotional material in which the CompanyNATIONWIDE, and/or its Accountseparate account(s), any Contract or Schwab is named at least fifteen calendar 10 (ten) business days prior to its intended date of first use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar days after receipt of such materialuntil approved by NATIONWIDE and Schwab. The Company reserves NATIONWIDE and Schwab reserve the right to reasonably object to the continued use of any such sales literature or other promotional material in which NATIONWIDE, its separate account(s), or any Contract, or Schwab is named, and no such material shall be used if the Company Nationwide or Schwab so objects. 4.4 4.4. The Fund Fund, the Distributor and the Underwriter Adviser shall not give any information or make any representations on behalf of the Company NATIONWIDE or concerning the CompanyNATIONWIDE, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by NATIONWIDE or interests therein are not registered under the 0000 Xxx) or SAI for the Contracts, as such registration statement, prospectus or SAI the same may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company NATIONWIDE or its designee, except with the permission of the CompanyNATIONWIDE. 4.5 4.5. NATIONWIDE, the Fund, the Distributor, and the Adviser shall not give any information or make any representations on behalf of or concerning Schwab, or use Xxxxxx'x name except with the permission of Schwab. 4.6. The Fund or its designee will provide to the Company NATIONWIDE and Schwab upon request, 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 or supplements to any of the above, that relate to the Fund or its sharesshares (collectively, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities“Fund materials”). 4.6 The Company 4.7. NATIONWIDE or Schwab or its designee will provide to the Fund upon request, 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 or supplements to any of the above, that relate to the Contracts or the AccountContracts, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities(collectively, “Contract materials”). 4.7 4.8. For purposes of this Article IVArticles IV and VIII, the phrase “"sales literature and other promotional materials” 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, 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 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materialsmaterials (including solicitations for voting instructions), and any other communications distributed material constituting sales literature or made generally advertising under the NASD rules, the 1933 Act or the 0000 Xxx. 4.9. At the request of any Party to this Agreement, each other Party will make available with regard to the Fundsother 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. The Company shall furnish, or shall cause to be furnished, to the Fund Underwriter or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the any Fund (or a Portfolio thereof) or the Adviser its investment adviser or the Underwriter is named, at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Fund Underwriter or its designee reasonably object objects to such use within fifteen calendar days Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the any Fund or concerning the any Fund 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 such Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the such Fund, or in sales literature or other promotional material approved by the Fund Underwriter or its designee or by the Underwriterdesignee, except with the permission of the Underwriter or its designee. 4.3. Sales literature in which any Fund or its investment advisor is named shall be submitted to the SEC or NASD for review as required by applicable law. Copies of any comments received that relate to a Fund or the Underwriter or its affiliates shall be sent to the designee of eitherUnderwriter or its designee. 4.3 4.4. The Fund, Underwriter, Underwriter or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the CompanyCompany or any Account is named, and/or its Account, is named at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days Business Days after receipt of such material. 4.5. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the any Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.6. The Fund Company will provide to the Company Underwriter 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 Statements of the above, that relate to the Fund or its shares, contemporaneously with the filing of such document(s) 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, SAIsAdditional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-no action letters, and all amendments to any of the above, that relate to the Contracts or the any Account, contemporaneously promptly after with the filing of such document(s) document with the SEC or other regulatory authorities. 4.7 4.7. For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, named at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named within fifteen Business Days after receipt, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the material 4.3 The Fund or its designee or by and the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fundtheir designee, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named within fifteen Business Days after receipt, and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) 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, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund's registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses. 4.8 For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Fund or its designee, Underwriter each piece of sales literature or other promotional material that the Company develops or uses and (as defined hereafter) in which the Fund (or a Portfolio thereof) or the Adviser Trust, its investment adviser or the Underwriter is named, named at least fifteen calendar 15 days prior to its use. No such material shall be used if the Fund or its designee reasonably object Underwriter objects to such use within fifteen calendar days five Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund Trust or concerning the Fund Trust 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 Fund Trust 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 FundTrust, or in sales literature or other promotional material approved by the Fund Trust or its designee or by the Underwriter, except with the written permission of the Fund Trust or the Underwriter or the designee of eithereither or as is required by law. 4.3 The Fund, Underwriter, Underwriter or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material prepared by the Underwriter in which the Company, Company and/or its Account, separate account(s) is named at least fifteen calendar 15 days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days five Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and Neither the Trust nor the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from form time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the CompanyCompany or as is required by law. 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 Fund or its shares, contemporaneously with the filing of such document(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “sales literature and or other promotional materialsmaterial” 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, or designed signed 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Fundsregistered representatives.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designeethe Underwriter, each piece of sales literature or other promotional material ("sales literature") that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar eight business days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar eight business days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations representation or statements statement on behalf of the Fund or concerning the Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or statement, prospectus or SAI for the Fund sharesshares of the Designated Portfolios, as such registration statement and statement, prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, Fund or its designee the Underwriter shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature that the Fund or other promotional material Underwriter develops or uses in which the Company, Company and/or its AccountAccount is named, is named at least fifteen calendar eight business days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar eight business days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI statement of additional information for the Contracts, as such registration statement, prospectus or SAI statement of additional inforn1ation may be amended or supplemented from time to time, or in published reports for the Account Accounts which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 materialsliterature, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Fund or its sharesDesignated Portfolios, contemporaneously with the filing of such document(s) 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, SAIsstatements of additional information, shareholder reports, solicitations for voting instructions, sales literature and other promotional materialsliterature, applications for exemptions, requests request for no-action letters, and all amendments to any of the above, that relate to the Contracts or the AccountAccounts, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IVAgreement, the phrase “"sales literature and other promotional materials” literature" includes, but is not limited to, any of the following that refer to the Fund or any affiliate of the Fundfollowing: advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, electronic media, 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, reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), ) and educational or training materials or other communications distributed or made generally available to some or all agents or employees. 4.8 At the request of any party to this Agreement, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally party will make available with regard to the Fundsrequesting party's independent auditors all records, data and access to operating procedures that may reasonably be 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 The Company shall furnish, or shall cause to be furnished, to the Fund or its designeethe Underwriter, each piece of sales literature or other promotional material (“sales literature”) that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar eight business days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar eight business days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations representation or statements statement on behalf of the Fund or concerning the Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or statement, prospectus or SAI for the Fund sharesshares of the Designated Portfolios, as such registration statement and statement, prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, Fund or its designee the Underwriter shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature that the Fund or other promotional material Underwriter develops or uses in which the Company, Company and/or its AccountAccount is named, is named at least fifteen calendar eight business days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar eight business days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the the. Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI statement of additional information for the Contracts, as such registration statement, prospectus or SAI statement of additional information may be amended or supplemented from time to time, or in published reports for the Account Accounts which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The At the request of the Company, the Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsSATs, reports, proxy statements, sales literature and other promotional materialsliterature, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Fund or its sharesDesignated Portfolios, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.6 The At the request of the Fund, the Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsstatements of additional information, shareholder reports, solicitations for voting instructions, sales literature and other promotional materialsliterature, applications for exemptions, requests request for no-action letters, and all amendments to any of the above, that relate to the Contracts or the AccountAccounts, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, Agreement. the phrase “sales literature and other promotional materialsliterature” includes, but is not limited to, any of the following that refer to the Fund or any affiliate of the Fundfollowing: advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, electronic media, 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, reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), ) and educational or training materials or other communications distributed or made generally available to some or all agents or employees. 4.8 At the request of any party to this Agreement, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally party will make available with regard to the Fundsrequesting party’s independent auditors all records, data and access to operating procedures that may reasonably be 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. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Fund or its designee reasonably object to designee, and the Fund will review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so objectobject and provide the Company with written notice of the reasonable objections at least 30 days prior to the last date the materials may be used. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company, and the Company reasonably objects will use its best efforts to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund at least one complete copy notice of filings of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints (as defined by the National Association of Insurance Commissioners) received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 4.7. The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund’s registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses. 4.8. For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund Underwriter, or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the a Fund (or a Designated Portfolio thereof) such Fund’s investment adviser (the “Adviser”) or the Underwriter is named. No such material shall be used until approved by the Underwriter or their designees. The Underwriter, or its designee, will be deemed to have approved such sales literature or promotional material unless the Underwriter, or its designee, objects or provides comments to the Company within ten (10) Business Days after receipt of such material. The Underwriter, or its designee, reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which a Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund Underwriter or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the any Fund or concerning any Fund or the Fund Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or profiles or prospectus or SAI for the any Fund shares, as such registration statement and profiles and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the any Fund, or in sales literature or other promotional material approved by the any Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of eitherits designee. 4.3 The Fund, Underwriter, or its designee designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Underwriter or its designee within fifteen calendar days ten (10) Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund Underwriter will provide to the Company at least one complete copy of all registration statements, profiles, prospectuses, SAIs, shareholder 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 a Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 The Company will provide to the Fund Underwriter at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. Upon Company’s request, Underwriter will provide a copy of the Mixed and Shared Funding Exemptive Application and any amendments thereto. 4.7 The Company will provide to the Underwriter all prospectuses (which shall include an offering memorandum if the Variable Contracts or interests therein are not registered under the 1933 Act), Statements of Additional Information, reports, solicitations for voting instructions relating to the Funds, and all amendments or supplements to any of the above that relate to the Variable Contracts or the Account which utilize the Funds as an underlying investment medium, promptly after the filing of such document with the SEC or other regulatory authority. 4.8 The Underwriter will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in a Fund’s registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Underwriter will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. 4.9 For purposes of this Article IV, the phrase “sales literature and other promotional materials” includes, but is not limited to, any of the following that refer to the a Fund or any affiliate of the such Fund: advertisements (such as material published, or designed for use on the Internet, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, Disclosure Documents and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Fund or its designee reasonably object to designee, and the Fund will review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so objectobject and provide the Company with written notice of the reasonable objections at least 30 days prior to the last date the materials may be used. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company, and the Company reasonably objects will use its best efforts to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund at least one complete copy notice of filings of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints (as defined by the National Association of Insurance Commissioners) received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 4.7. The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund's registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses. 4.8. For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Trust or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (Trust or a Portfolio thereof) LASC or the Adviser any sub-adviser or the Underwriter LFDI is named, at least fifteen calendar 10 days prior to its use. No such material shall be used if the Fund Trust or its designee reasonably object objects to such use within fifteen calendar 10 days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund Trust or concerning the Fund Trust in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus or SAI a Prospectus for the Fund Series shares, as such registration statement and prospectus or SAI Prospectus may be amended or supplemented from time to time, or in reports or proxy statements for the FundTrust, or in sales literature or other promotional material approved by the Fund Trust or its designee or by the UnderwriterLFDI, except with the permission of the Fund Trust or the Underwriter LFDI or the designee of either. The Trust and LFDI 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 "broker only" materials including information about the Trust or LFII are not distributed to existing or prospective owners, and neither the Trust nor LFII shall be liable for any losses, damages, or expenses relating to the improper use of such broker only materials. 4.3 4.3. The Fund, Underwriter, Trust or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, a Separate Account(s) and/or its Account, is the Contracts are named at least fifteen calendar 10 days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar 10 days after receipt of such material. 4.4. The Company reserves the right to reasonably object to the continued use of such material Trust and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter LFDI shall not give any information or make any representations or statements on behalf of the Company or concerning the Company, the any Separate Account, or the Contracts Variable Insurance Products other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contractssuch Variable Insurance Products, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the such Separate Account which are in the public domain or approved by the Company for distribution to Contract ownersOwners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 . The Fund will provide Company agrees 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 respond to any of the above, that relate to the Fund or its shares, contemporaneously with the filing of such document(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.request for

Sales Material and Information. 4.1 The 4.1. As set forth in Section 1.7 (a) herein, the Company shall furnish, or shall cause to be furnished, to the Fund or its designeeUnderwriter, each piece of sales literature or other promotional material that the Company develops or uses and in which the a Fund (or a Designated Portfolio thereof) or the Adviser Underwriter is named or describes a Fund or the Underwriter is named, at least fifteen calendar days prior to its useother than as set forth in the Fund prospectus or the materials listed on Part I of Schedule C attached hereto. The parties understand and agree that the Underwriter has reviewed and approved a description of Fund(s) for use in Contract prospectus and initial Contract rollout sales materials No such other material prepared by the Company shall be used if until approved by the Underwriter or its designee. The Underwriter or its designee will be deemed to have approved such sales literature or promotional material unless the Fund or its designee reasonably object objects or provides comments to such use the Company within fifteen calendar days ten (10) Business Days after receipt of such material. The Fund Underwriter or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus or SAI S AI for the Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Fund, the Underwriter, or their designee within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund Underwriter 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.7 4.7. The Underwriter will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund’s registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Underwriter will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. 4.8. For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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 literature (i.e., i. e.; any written communication distributed or made generally available to customers or the public, including brochures, circulars, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Company Companies shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) its investment adviser or the Adviser or the Underwriter its underwriter is named, at least fifteen calendar days "Business Days" prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days "Business Days" after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company Companies shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its the Advisers or the designee or by the Underwriterof either, except with the permission of the Fund or the Underwriter Advisers or the designee of either. 4.3 The Fund, UnderwriterFund and the Advisers, or its the designee of either shall furnish, or shall cause to be furnished, to the CompanyCompanies or their designee, each piece of sales literature or other promotional material in which the Company, Companies and/or its Accounttheir Account(s), is named at least fifteen calendar days "Business Days" prior to its use. No such material shall be used if the Company reasonably objects Companies or their designee object to such use within fifteen calendar days "Business Days" after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter Advisers shall not give any information or make any representations on behalf of the Company Companies or concerning the CompanyCompanies, the an Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company Companies for distribution to Contract owners, or in sales literature or other promotional material approved by the Company Companies or its their designee, except with the permission of the CompanyCompanies. 4.5 The Upon request, the Fund will provide to the Company Companies at least one complete copy of all registration statements, prospectuses, SAIsStatements 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(s) with the SEC or other regulatory authorities. 4.6 The Company Upon request, the Companies will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-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 SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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 materials published, or designed for use inuse, 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 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials, materials and any other communications distributed material constituting sales literature or made generally available with regard to advertising under the FundsNASD rules, the 1940 Act, the 1933 Act, or rules thereunder.

Sales Material and Information. 4.1 The Company shall furnishCOMPANY will only (i) convey any information or make any representations concerning FUND or its investment advisor, its shares or shall cause to be furnished, operations which are contained in the most recent Registration Statement relating to the Fund FUND and any supplements thereto or (ii) use any materials or advertising which mention the FUND or its investment advisor (including sales literature, brochures, letters, illustrations and other similar material, whether transmitted directly to potential applicants or published in print or audio-visual media), if, in either case, FUND approves such items prior to use. 4.2 COMPANY shall furnish to the FUND or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (FUND or a Portfolio thereof) its investment advisor or the Adviser or the Underwriter any affiliate thereof is named, at least fifteen calendar days eight (8) Business Days prior to its use. No such material shall be used if , and the Fund or its designee reasonably object has five (5) days to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, respond and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of eithercomment thereon. 4.3 The Fund, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material in which the Company, and/or its Account, is named at least fifteen calendar days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund FUND will provide to the Company COMPANY at least one complete copy of all registration statementsRegistration Statements, prospectuses, SAIs, reportsProspectuses and Statements of Additional Information, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, letters and all amendments to any of the above, that relate to the Fund FUND or its shares, contemporaneously promptly after filing such documents with the filing of such document(s) with the SEC or other regulatory authoritiesSecurities and Exchange Commission. 4.6 The Company 4.4 COMPANY will provide to the Fund FUND at least one complete copy of all registration statementsRegistration Statements, prospectuses, SAIs, reportsProspectuses and Statements of Additional Information, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, letters and all amendments to any of the above, that relate to the Contracts or the Account, contemporaneously each Account promptly after filing such documents with the filing Securities and Exchange Commission. COMPANY will provide to the FUND, final copies of such document(s) with all sales literature and other promotional literature that relates to the SEC FUND or other regulatory authoritiesits shares, promptly after they become available. 4.7 4.5 For the purposes of this Article IV, the phrase “"sales literature and or other promotional materials” material" includes, but is not limited to, any of the following that refer to the Fund FUND or any affiliate of the Fund: advertisements FUND (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, electronic media, telephone or tape recording, videotape display, signs or billboards, motion pictures, pictures or other public media), sales literature (i.e.namely, 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 communication distributed or made generally available to some or all agents or employees, and registration statements, prospectusesProspectuses, SAIsStatements of Additional Information, shareholder reports, reports and proxy materials, and . 4.6 Neither COMPANY nor FUND will use the other's name nor any other communications distributed name, logo, trademark, service xxxx nor symbol that is now or made generally available with regard may hereafter be owned by the other party, a parent or an affiliate or subsidiary thereof, except in the manner and to the Fundsextent that the other party agrees to in furtherance of the purposes of this Agreement. Each party will discontinue the use of such name, logo, trademark, service xxxx or symbol belonging to the other party, parent, affiliate or subsidiary thereof on termination of this Agreement. Such discontinuance will occur immediately or, if applicable, as soon as permitted under applicable law or regulation.

Sales Material and Information. 4.1 The Company Companies shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) its investment adviser or the Adviser or the Underwriter its underwriter is named, at least fifteen calendar days "Business Days" prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days "Business Days" after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company Companies shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its the Adviser or the designee or by the Underwriterof either, except with the permission of the Fund or the Underwriter Adviser or the designee of either. 4.3 The Fund, UnderwriterFund and the Adviser, or its the designee of either shall furnish, or shall cause to be furnished, to the CompanyCompanies or their designee, each piece of sales literature or other promotional material in which the Company, Companies and/or its Accounttheir Account(s), is named at least fifteen calendar days "Business Days" prior to its use. No such material shall be used if the Company reasonably objects Companies or their designee object to such use within fifteen calendar days "Business Days" after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter Adviser shall not give any information or make any representations on behalf of the Company Companies or concerning the CompanyCompanies, the an Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company Companies for distribution to Contract owners, or in sales literature or other promotional material approved by the Company Companies or its their designee, except with the permission of the CompanyCompanies. 4.5 The Upon request, the Fund will provide to the Company Companies at least one complete copy of all registration statements, prospectuses, SAIsStatements 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(s) with the SEC or other regulatory authorities. 4.6 The Company Upon request, the Companies will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-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 SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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 materials published, or designed for use inuse, 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 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials, materials and any other communications distributed material constituting sales literature or made generally available with regard to advertising under the FundsNASD rules, the 1940 Act, the 1933 Act, or rules thereunder.

Sales Material and Information. 4.1 1.1. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, named at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named within fifteen Business Days after receipt, and no such material shall be used if the Fund or its designee so object. 4.2 . The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 . The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named within fifteen Business Days after receipt, and no such material shall be used if the Company so objects. 4.4 . The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 1.1. The Company will provide to the Fund at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.7 . The Company shall provide to the Fund and the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund's registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses. For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 A. The Company shall furnish, or shall cause to be furnished, to the Fund or its designeethe Underwriter, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar ten (10) business days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar ten (10) business days after receipt of such material. Such approval shall be presumed given if notice to the contrary is not received by the Company within ten business days after receipt by the Fund of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 B. The Company shall not give any information or make any representations representation or statements statement on behalf of the Fund or concerning the Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or statement, prospectus or SAI for the Fund sharesshares of the Designated Portfolios, as such registration statement and statement, prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 C. The Fund, Underwriter, Fund or its designee the Underwriter shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature that the Fund or other promotional material Underwriter develops or uses in which the Company, Company and/or its AccountAccount is named, is named at least fifteen calendar ten (10) business days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar ten (10) business days after receipt of such material. Such approval shall be presumed given if notice to the contrary is not received by the Fund within eight business days after receipt by the Company of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 D. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI statement of additional information for the Contracts, as such registration statement, prospectus or SAI statement of additional information may be amended or supplemented from time to time, or in published reports for the Account Accounts which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the CompanyCompany and such permission shall not be unreasonably withheld. 4.5 The E. Upon request, 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 materialsliterature, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Fund or its sharesDesignated Portfolios, contemporaneously with after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 The F. Upon request, the Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsstatements of additional information, shareholder reports, solicitations for voting instructions, sales literature and other promotional materialsliterature, applications for exemptions, requests request for no-action letters, and all amendments to any of the above, that relate to the Contracts or the AccountAccounts, contemporaneously after with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 G. For purposes of this Article IVAgreement, the phrase “sales literature and other promotional materials” "SALES LITERATURE" includes, but is not limited to, any of the following that refer to the Fund or any affiliate of the Fundfollowing: advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, electronic media, 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, reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), ) and educational or training materials or other communications distributed or made generally available to some or all agents or employees, and registration statements, prospectuses, SAIsstatements of additional information, shareholder reports, reports and proxy materials, and any other communications distributed material constituting sales literature or made generally available with regard advertising under applicable FINRA rules, the 1940 Act or the 1933 Act. H. The Company agrees and acknowledges that the Company has no right, title or interest in the names and marks of the Fund and that all use of any designation comprised in whole or in part of such names or marks under this Agreement shall inure to the Fundsbenefit of the Fund and the Underwriter. Except as expressly provided herein, the Company shall not use any such names or marks on its own behalf or on behalf of an Account in connection with marketing the Contracts without prior written consent of the Fund or the Underwriter. Upon termination of this Agreement for any reason, the Company shall cease all use of any such names or marks. I. The Fund and Underwriter agree and acknowledge that each has no right, title or interest in the names and marks of the Company, and that all use of any designation comprised in whole or part or such names or marks under this Agreement shall inure to the benefit of the Company. Except as expressly provided herein, the Fund and Underwriter shall not use any such names or marks on its own behalf or on behalf of a Fund in connection with marketing the Fund without prior written consent of the Company. Upon termination of this Agreement for any reason, the Fund and Underwriter shall cease all use of any such names or marks. J. At the request of any party to this Agreement, any other party will make available to the requesting party's independent auditors all records, data and access to operating procedures that may reasonably be 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 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser its investment adviser or the Underwriter is named, at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar days Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or is designee, each piece of sales literature or other promotional material in which the Company, Company and/or its Accountseparate account(s), is named at least fifteen calendar days Business Days prior to its use. No such material shall be used if the Company or its designee reasonably objects to such use within fifteen calendar days Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, proxy statements, sales literature and or 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(s) document with the SEC Securities and Exchange Commission or other regulatory authorities. 4.6 The Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-no action letters, and all amendments to any of the above, that relate to the Contracts or the each Account, contemporaneously with the filing of such document(s) document with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, 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 of 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Funds or its their designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the such Fund (or a Designated Portfolio thereof) or the Adviser its investment adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the subject Fund or its designee. A Fund or its designee reasonably object to shall review such use sales literature or promotional material as soon as practicable after receipt, but in any event within fifteen calendar days ten (10) Business Days after receipt of such material. The Each Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or its investment adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the a Fund or concerning the Fund or its investment adviser or the Underwriter 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 Fund sharesShares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in written sales literature or other written promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Funds and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the subject Fund, the Underwriter, or their designee within fifteen calendar days ten (10) Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund Funds and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the CompanyCompany or as otherwise required by law. 4.5 4.5. The Fund Funds or Underwriter will each provide to the Company at least one complete copy of all registration statements, prospectuses, SAIs, reports, proxy statements, relevant 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 sharesShares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Funds or the Underwriter will provide a copy of the registration statements, relevant sales literature and other promotional materials as exist, upon request from time to time. 4.6 4.6. The Company will provide to the Fund Funds at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Funds and the Underwriter any complaints received from the Contract owners pertaining to the Funds or the Designated Portfolio. 4.7 4.7. The Funds will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in a Fund's registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Funds will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. Company acknowledges that periodic release of the Fund prospectuses and shareholder reports do not necessarily coincide with Contract prospectus annual updates. 4.8. For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " includes, but is not limited to, any of the following that refer to the Fund or any affiliate of the a 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, or other public media), sales literature (i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, 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 with regard to some or all agents or employeesthe Fund, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund; provided however, "sales literature and other promotional materials" shall not include information not deemed relevant by Underwriter to sale of the Funds to the Accounts.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Fund, the Underwriter, or its designeetheir designees, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named. No such material shall be used until approved by the Fund, the Underwriter or their designees. The Fund, the Underwriter, or their designees will be deemed to have approved such sales literature or promotional material unless the Fund or its designee objects or provides comments to the Company within ten (10) Business days after receipt of such material. The Fund, the Underwriter, or their designees reserve the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund Fund, the Underwriter or its designee their designees so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or profiles or prospectus or SAI for the Fund shares, as such registration statement and profiles and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, ; or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Fund, the Underwriter, or their designee within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contract issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or nor its designee, except with the permission of the Company. 4.5 4.5. The Fund Underwriter will provide to the Company at least one complete copy of all registration statements, profiles, prospectuses, SAIs, shareholder reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action lettersLetters, and all amendments or supplements to any of the above, that relate to the Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund or the Underwriter at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 4.7. The Underwriter will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund’s registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Underwriter will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. 4.8. For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days five Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days five Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in published reports for the Fund which are in the public domain or approved by the Fund for distribution to shareholders, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. If the Fund or Underwriter produces information concerning the Company, any of its affiliates, or the Contracts which is intended for use only by brokers or agents (i.e., information that is not intended for distribution to Contract owners or prospective Contract owners), the fund or Underwriter shall add an appropriate legend on the cover designating the materials as "broker only" and not intended for distribution to members of the public. Neither the Company nor any of its affiliates shall be liable for any losses, damages, or expenses relating to the improper use of "broker only" materials produced and used by the Fund or Underwriter. 4.3 The Fund, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material in which the Company, its Account and/or its Accountthe Contracts, is named at least fifteen calendar days five Business Days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar five Business days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 Fund or its shares, contemporaneously with the filing of such document(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designeethe Underwriter, each piece of sales literature or other promotional material (“sales literature”) that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar eight business days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar eight business days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations representation or statements statement on behalf of the Fund or concerning the Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or statement, prospectus or SAI for the Fund sharesshares of the Designated Portfolios, as such registration statement and statement, prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, Fund or its designee the Underwriter shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature that the Fund or other promotional material Underwriter develops or uses in which the Company, Company and/or its AccountAccount is named, is named at least fifteen calendar eight business days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar eight business days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI statement of additional information for the Contracts, as such registration statement, prospectus or SAI statement of additional information may be amended or supplemented from time to time, or in published reports for the Account Accounts which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 materialsliterature, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Fund or its sharesDesignated Portfolios, contemporaneously with the filing of such document(s) 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, SAIsstatements of additional information, shareholder reports, solicitations for voting instructions, sales literature and other promotional materialsliterature, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Contracts or the AccountAccounts and reference the Fund or the Adviser, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IVAgreement, the phrase “sales literature and other promotional materialsliterature” includes, but is not limited to, any of the following that refer to the Fund or any affiliate of the Fundfollowing: advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, electronic media, 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 literature (i.e., i.e. any written communication distributed or made generally available to customers or the public, including brochures, circulars, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, materials (including solicitations for voting instructions) and any other communications distributed material constituting sales literature or made generally advertising under the NASD rules, the 1933 Act or the 0000 Xxx. 4.8 At the request of any party to this Agreement, any other party will make available with regard to the Fundsrequesting party’s independent auditors and/or representatives of the appropriate regulatory agencies, all records, data and access to operating procedures that may reasonably be 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 The Company shall furnish, or shall cause to be furnished, 5.1 Insurer will provide to the Fund or its designeeUnderwriter at least one (1) complete copy of all prospectuses, each piece of disclosure memoranda, reports, sales literature or and other promotional material that the Company develops or uses materials, applications for exemptive relief, requests for no action letters, and all amendments, if any in which the Fund (or a Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Fund Underwriter or its designee, and the Underwriter will use its best efforts for it or its designee reasonably object to review such use material within fifteen calendar days five (5) Business Days after receipt of such materialreceipt. The Fund Underwriter or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund or the Underwriter is named, and no such material shall be used if the Fund Underwriter or its designee so objectobjects. 4.2 The Company 5.2 Insurer shall not give any information or make any representations or statements regarding or on behalf of the Fund or concerning the Fund Underwriter or any of its affiliates 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund Underwriter or its designee or by the Underwriterdesignee, except with the permission of the Fund or the Underwriter or the designee of eitherits designee. 4.3 5.3 The Fund, Underwriter, Underwriter or its designee designee(s) shall furnish, or shall cause to be furnished, to the CompanyInsurer or its designee, each piece of sales literature or other promotional material in which the Company, Insurer and/or its Account, separate account(s) is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by Insurer, and the Company reasonably objects Insurer will use its best efforts to review such use material within fifteen calendar days five (5) Business Days after receipt of such materialreceipt. The Company insurer reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Insurer or its separate accounts is named, and no such material shall be used if the Company Insurer so objects. 4.4 5.4 The Underwriter agrees that neither it nor the Fund and the Underwriter shall not give any information or make any representations on behalf of the Company Insurer or concerning the CompanyInsurer, the AccountAccounts, or the Contracts other than the information or representations contained in a registration statement, prospectus, the prospectuses or SAI disclosure memoranda for the Contracts, as such registration statement, prospectus or SAI documents may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company Insurer for distribution to Contract owners, or in sales literature or other promotional material approved by the Company Insurer or its designee, except with the permission of the CompanyInsurer. 4.5 The Fund 5.5 Upon request, the Underwriter will provide to the Company Insurer at least one (1) complete copy of all registration statements, prospectuses, SAIsSAI, 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(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 5.6 For purposes of this Article IVV, the phrase “sales literature and or other promotional materialsmaterial” 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designeethe Underwriter, each piece of sales literature or other promotional material ("sales literature") that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar eight business days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar eight business days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations representation or statements statement on behalf of the Fund or concerning the Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or statement, prospectus or SAI for the Fund sharesshares of the Designated Portfolios, as such registration statement and statement, prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, Fund or its designee the Underwriter shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature that the Fund or other promotional material Underwriter develops or uses in which the Company, Company and/or its AccountAccount is named, is named at least fifteen calendar eight business days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar eight business days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI statement of additional information for the Contracts, as such registration statement, prospectus or SAI statement of additional information may be amended or supplemented from time to time, or in published reports for the Account Accounts which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 materialsliterature, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to the Fund or its sharesDesignated Portfolios, contemporaneously with the filing of such document(s) 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, SAIsstatements of additional information, shareholder reports, solicitations for voting instructions, sales literature and other promotional materialsliterature, applications for exemptions, requests request for no-action letters, and all amendments to any of the above, that relate to the Contracts or the AccountAccounts, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IVAgreement, the phrase “"sales literature and other promotional materials” literature" includes, but is not limited to, any of the following that refer to the Fund or any affiliate of the Fundfollowing: advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, electronic media, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media), sales literature (i.e.ie., any written communication distributed or made generally --- available to customers or the public, including brochures, circulars, reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), ) and educational or training materials or other communications distributed or made generally available to some or all agents or employees. 4.8 At the request of any party to this Agreement, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally party will make available with regard to the Fundsrequesting party's independent auditors all records, data and access to operating procedures that may reasonably be 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 The Company shall Shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser its investment adviser or the Underwriter is named, at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days (15) Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, Company and/or its Accountseparate account(s), is named at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Company reasonably objects or its designee object to such use within fifteen calendar days (15) Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be maybe amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements 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(s) document with the SEC Securities and Exchange Commission or other regulatory authorities. 4.6 The Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements 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 each Account, contemporaneously with the filing of such document(s) document with the SEC or other regulatory authoritiesSecurities and Exchange Commission. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, 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 sates literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material in which the Company, and/or its Account, is named at least fifteen calendar days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 Fund or its shares, contemporaneously with the filing of such document(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 4.1. The Company is hereby granted a non-exclusive; royalty-free, worldwide license to use, print, broadcast and otherwise display in any print or electronic medium the Fund's, Distributor's and Adviser's service marks, trade names and logos in sales literature or other promotional material created and published by the Company with respect to Contracts, provided such use in print, broadcast or other display conforms to such written guidelines, if any, provided by the Fund or Distributor. 4.2. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used until approved by the Fund or its designee, and the Fund will use its best efforts for it or its designee to review such sales literature or promotional material within ten Business Days after receipt of such material; provided, however, that the Company may begin using such material if the Fund or its designee reasonably object fails to review or respond within such use within fifteen calendar days after receipt of such materialperiod. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so object. 4.2 4.3. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or statutory prospectus or SAI for the Fund shares, as such registration statement and statutory prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. The Company shall comply with all applicable laws,-" including Rule 498 under the 1933 Act, when composing, compiling and delivering sales literature or other promotional material. 4.3 4.4. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company, and the Company reasonably objects will use its best efforts to review such use sales literature or promotional material within fifteen calendar days ten Business Days after receipt of such material; provided, however, the Fund and the Underwriter may begin using such material if the Company or its designee fails to review or respond within such period. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall shalt be used if the Company so objects. 4.4 4.5. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectusprospectus (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the prior permission of the Company. 4.5 4.6. The Fund will provide to the Company at least one complete copy of all registration statements, statutory 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall not alter any of such documents provided by the Fund without the prior written consent of the Fund or. Underwriter. 4.6 4.7. The Company will shall 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 the Underwriter any of material complaints received from the above, that relate Contract owners pertaining to the Contracts Fund or the Account, contemporaneously with the filing of such document(s) with the SEC or other regulatory authoritiesDesignated Portfolio. 4.7 4.8. For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, or designed for use in, in a newspaper, magazine, or other periodical, radio, television, telephone telephone, Internet, or tape recording, videotape display, signs or billboardssigns, motion picturesvideo streams, computerized media, websites or other public media), sales literature or other promotional material (i.e., any written communication distributed or made generally available to key firms, customers or the public, including brochures, circulars, pitch books, information provided on a website, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, sale literature or published articleother promotional material), educational or training materials or other communications distributed or made generally available to some or all agents agents, wholesalers or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Underwriter or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the any Fund (or a Portfolio thereof) or the Adviser its investment adviser or the Underwriter is named, at least fifteen calendar days ten Business Days prior to its use. No such material shall be used if the Fund Underwriter or its designee reasonably object objects to such use within fifteen calendar days ten Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall which objection may not be used if the Fund or its designee so objectunreasonable. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the any Fund or concerning the any Fund 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 such Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the such Fund, or in sales literature or other promotional material approved by the Fund Underwriter or its designee or by the Underwriterdesignee, except with the permission of the Underwriter or its designee, which permission may not be unreasonably withheld. 4.3. Sales literature in which any Fund or its investment advisor is named shall be submitted to the SEC or NASD for review if required by applicable law. Copies of any comments received shall be sent to the Underwriter or the designee of eitherits designee. 4.3 4.4. The Fund, Underwriter, Underwriter or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales sides literature or other promotional material in which the CompanyCompany or any Account is named, and/or its Account, is named at least fifteen calendar days ten Business Days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days ten Business Days after receipt of such material, which objection may not be unreasonable. 4.5. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, any Account or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company, which permission may not be unreasonably withheld. 4.5 4.6. The Fund Company will provide to the Company Underwriter 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 Statements of the above, that relate to the Fund or its shares, contemporaneously with the filing of such document(s) 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, SAIsAdditional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-no action letters, and all amendments to any of the above, that relate to the Contracts or the any Account, contemporaneously with the filing of such document(s) document with the SEC or other regulatory authorities. In order to provide the Company with lead time for the revision of its sales and marketing material, the Underwriter will make reasonable efforts to notify the Company of impending material changes to the prospectuses for the funds listed in Schedule A. If a proxy statement is used in connection with the adoption of such changes, the sending of a copy to the Company of the fund's proxy statement describing such material changes shall be sufficient for this purpose. 4.7 4.7. For purposes of this Article IV, the phrase “sales "sides literature and or other promotional materials” 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, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Funds or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) Funds, the Underwriter or the Adviser or the Underwriter is named, at least fifteen calendar days Business Days prior to its use. No such material shall be used if unless approved in writing by the Fund all of the Funds or its designee reasonably object the Underwriters. The Funds and the Underwriter will use reasonable best efforts to such use provide the Company with written response within fifteen calendar days after ten Business Days of receipt of such materialmaterials. The Fund Any piece which merely names the Funds, the Underwriters or its designee reserves the right to reasonably object to Adviser as participating in the continued use of such material, and no such material shall Variable Insurance Products may be used after ten Business Days of receipt by the Funds and the Underwriters if the Fund Company has not received a written response from the Funds or its designee so objectthe Underwriters. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund Funds or concerning the Fund Funds in connection with the sale of the Contracts other than the information or representations contained in the registration statement statements or prospectus or SAI prospectuses for the Fund sharesFunds, as such registration statement statements and prospectus or SAI prospectuses may from time to time be amended or supplemented from time to timesupplemented, or in reports or proxy statements for the FundFunds, or in sales literature or other promotional material approved provided to the Company by the Fund Funds or its their designee or by the UnderwriterUnderwriters, except with the written permission of the Fund Funds or such Underwriter, pursuant to Section 4.1 hereof. 4.3. The Funds, the Underwriter or the designee of either. 4.3 The Fund, Underwriter, or its their designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, Company and/or its Accountseparate account(s), is named at least fifteen calendar days Business Days prior to its use. No such material shall be used if unless approved in writing by the Company reasonably objects or its designee. The Company will use reasonable best efforts to such use provide the Funds with written response within fifteen calendar days after ten Business Days of receipt of such materialmaterials. Any piece which merely states that the Funds, the Underwriters or the Adviser are participating in the Variable Insurance Products may be used after ten Business Days after receipt by the Company if the Funds or the Underwriters have not received a written response from the Company. 4.4. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund Funds and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may from time to time be amended or supplemented from time to timesupplemented, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund Funds will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements 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 Fund Portfolios or its their shares, contemporaneously with promptly following the filing of such document(s) document with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund Funds at least one complete copy of all registration statements, prospectuses, SAIsStatements 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 each Account, contemporaneously with promptly following the filing of such document(s) 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 4.7. For purposes of this Article IVAgreement, the phrase “"sales literature and or other promotional materials” material" includes, but is not limited to, any of the following that refer to the Fund Funds or any affiliate of the FundFunds: 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., 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 The Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Fund or its designee, Underwriter each piece of sales literature or other promotional material that the Company develops or uses and (as defined hereafter) in which the Fund (or a Portfolio thereof) or the Adviser Trust, its investment adviser or the Underwriter is named, named at least fifteen calendar 10 days prior to its use. No such material shall be used if the Fund or its designee reasonably object Underwriter objects to such use within fifteen calendar days 10 Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund Trust or concerning the Fund Trust 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 Fund Trust 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 FundTrust, or in sales literature or other promotional material approved by the Fund Trust or its designee or by the Underwriter, except with the written permission of the Fund Trust or the Underwriter or the designee of eithereither or as is required by law. 4.3 The Fund, Underwriter, Underwriter or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material prepared by the Underwriter in which the Company, Company and/or its Account, separate account(s) is named at least fifteen calendar I 0 days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days 10 Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and Neither the Trust nor the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the CompanyCompany or as is required by law. 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 Fund or its shares, contemporaneously with the filing of such document(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “sales literature and or other promotional materialsmaterial” 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Fundsregistered representatives.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) its investment adviser or the Adviser or the Underwriter any of its underwriters is named, at least fifteen calendar days ten (10) "Business Days" prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar days ten (I0) "Business Days" after receipt of such material. The Fund requirement to furnish sales literature and promotional materials under this provision shall not include literature or its designee reserves materials that simply list one or more of the right underlying fund names, underlying fund performance and/or information or representations that are contained in the registration statements or prospectuses for the respective funds, as such registration statements and prospectuses may be amended or supplemented from time to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so objecttime. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund in connection with the sale of the Contracts other than the information or representations contained in the registration statement or prospectus or SAI Prospectus for the Fund shares, as such registration statement and prospectus or SAI Prospectus may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its the designee or by of the UnderwriterFund in writing, except with the written permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, Fund (or its designee designee) shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, Company and/or its AccountAccount(s), is named at least fifteen calendar days ten (10) "Business Days" prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days ten (10) "Business Days" after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the an Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Upon request, the Fund will provide to the Company at least one complete copy of all registration statements, prospectusesProspectuses, SAIsStatements 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(s) with the SEC or other regulatory authorities. 4.6 The Upon request, the Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-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 SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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 materials published, or designed for use inuse, 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 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 agents or employees, and registration statements, prospectuses, SAIsstatements of additional information, shareholder reports, and proxy materials, materials and any other communications distributed material constituting sales literature or made generally available with regard to advertising under the FundsFINRA rules, the 1940 Act, the 1933 Act, or rules thereunder.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Fund or its designee. The Fund or its designee will be deemed to have approved such sales literature or promotional material unless the Fund or its designee reasonably object objects or provides comments to such use the Company within fifteen calendar days ten (10) Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or profiles or prospectus or SAI for the Fund shares, as such registration statement and profiles and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The FundAdviser, the Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Fund, the Adviser, the Underwriter, or their designee within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund will provide to the Company at least one complete copy of all registration statements, profiles, 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 4.7. The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund’s registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses. 4.8. For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material in which the Company, and/or its Account, is named at least fifteen calendar days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 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 Fund or its shares, contemporaneously with the filing of such document(s) 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, 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, contemporaneously with the filing filling of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 The Company shall furnishCOMPANY will only (i) convey any information or make any representations concerning FUND or its investment advisor, its shares or shall cause to be furnished, operations which are contained in the most recent Registration Statement relating to the Fund FUND and any supplements thereto or (ii) use any materials or advertising which mention the FUND or its investment advisor (including sales literature, brochures, letters, illustrations and other similar material, whether transmitted directly to potential applicants or published in print or audio-visual media), if, in either case, FUND approves such items prior to use. 4.2 COMPANY shall furnish to the FUND or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (FUND or a Portfolio thereof) its investment advisor or the Adviser or the Underwriter any affiliate thereof is named, at least fifteen calendar days eight (8) Business Days prior to its use. No such material shall be used if , and the Fund or its designee reasonably object has five (5) days to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, respond and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of eithercomment thereon. 4.3 The Fund, Underwriter, or its designee shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material in which the Company, and/or its Account, is named at least fifteen calendar days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, or SAI for the Contracts, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund FUND will provide to the Company COMPANY at least one complete copy of all registration statementsRegistration Statements, prospectuses, SAIs, reportsProspectuses and Statements of Additional Information, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, letters and all amendments to any of the above, that relate to the Fund FUND or its shares, contemporaneously promptly after filing such documents with the filing of such document(s) with the SEC or other regulatory authoritiesSecurities and Exchange Commission. 4.6 The Company 4.4 COMPANY will provide to the Fund FUND at least one complete copy of all registration statementsRegistration Statements, prospectuses, SAIs, reportsProspectuses and Statements of Additional Information, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, letters and all amendments to any of the above, that relate to the Contracts or the Account, contemporaneously each Account promptly after filing such documents with the filing Securities and Exchange Commission. COMPANY will provide to the FUND, final copies of such document(s) with all sales literature and other promotional literature that relates to the SEC FUND or other regulatory authoritiesits shares, promptly after they become available. 4.7 4.5 For the purposes of this Article IV, the phrase “"sales literature and or other promotional materials” material" includes, but is not limited to, any of the following that refer to the Fund FUND or any affiliate of the Fund: advertisements FUND (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, electronic media, telephone or tape recording, videotape display, signs or billboards, motion pictures, pictures or other public media), sales literature (i.e.namely, 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 communication distributed or made generally available to some or all agents or employees, and registration statements, prospectusesProspectuses, SAIsStatements of Additional Information, shareholder reports, reports and proxy materials, and . 4.6 Neither COMPANY nor FUND will use the other's name nor any other communications distributed name, logo, trademark, service mark xxx symbol that is now or made generally available with regard may hereafter be owned by the other party, a parent or an affiliate or subsidiary thereof, except in the manner and to the Fundsextent that the other party agrees to in furtherance of the purposes of this Agreement. Each party will discontinue the use of such name, logo, trademark, service mark xx symbol belonging to the other party, parent, affiliate or subsidiary thereof on termination of this Agreement. Such discontinuance will occur immediately or, if applicable, as soon as permitted under applicable law or regulation.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund Trust or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) Trust or the Adviser or the Underwriter is named, at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Fund Trust or its designee reasonably object to such use within fifteen calendar days (15) Business Days after receipt of such material. The Fund Trust, the Adviser, or its the designee of either reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Trust or the Adviser is named, and no such material shall be used if the Fund Trust, the Adviser, or its the designee of either so objectobjects. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund Trust or concerning the Fund Trust 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 Fund Trust shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the FundTrust, or in sales literature or other promotional material approved by the Fund Trust or its designee or by the Underwriter, except with the permission of the Fund Trust or the Underwriter Adviser or the designee of either. 4.3 The FundTrust, Underwriterthe Adviser, or its the designee of either shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, and/or Company or its AccountAccount(s), is named at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Company reasonably objects or its designee object to such use within fifteen calendar days (15) Business Days after receipt of such material. The Notwithstanding that the Company did not initially object, the Company reserves the right to reasonably object at any time thereafter to the continued use of any such sales literature or other promotional material in which the Company is named, and no such material shall be used thereafter if the Company so objects. 4.4 The Fund Trust and the Underwriter Adviser shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund Trust will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, proxy statements, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Fund Trust or its shares, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.6 The Upon request, the Company will provide to the Fund Trust at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Contracts or the each Account, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic or other public media), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, performance reports or summaries, form letters, telemarketing scripts, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials. 4.8 The Trust will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for the Trust, and of any other communications distributed material change in the Trust's registration statement or made generally available with regard prospectus, particularly any change resulting in a change to the Fundsregistration statement or prospectus for any Account. The Trust will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its registration statement and prospectus, in an orderly manner. The Trust will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or Fund, the Adviser or the Underwriter is named, at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably object objects to such use within fifteen calendar days (15) Business Days after receipt of such material. The Fund Fund, the Adviser, the Underwriter, or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund, the Adviser or the Underwriter is named, and no such material shall be used if the Fund Fund, the Adviser, the Underwriter, or its designee so objectobjects. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the express written permission of the Fund or the Underwriter or the designee of either. 4.3 The Fund, the Underwriter, or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, and/or Company or its AccountAccount(s), is named at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days (15) Business Days after receipt of such material. The Notwithstanding that the Company did not initially object, the Company reserves the right to reasonably object at any time thereafter to the continued use of any such sales literature or other promotional material in which the Company is named, and no such material shall be used thereafter if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the any Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which that are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the express written permission of the Company. 4.5 The Upon request, the Fund will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, proxy statements, sales literature and or other promotional materialsmaterial, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Fund or its shares, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.6 The Upon request, the Company will provide to the Fund at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, solicitations for voting instructions, sales literature and or other promotional materialsmaterial, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto and all supplements and amendments to any of the above, that relate to the Contracts or the any Account, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings, electronic or other public pubic media)), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, performance reports or summaries, form letters, telemarketing scripts, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials. 4.8 The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for the Fund, and of any other communications distributed material change in the Fund's registration statement or made generally available with regard prospectus, particularly any change resulting in a change to the Fundsregistration statement or prospectus for any Account. The Fund will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Fund, the Underwriter, or its designeetheir designees, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund [(or a Designated Portfolio thereof) )] or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Fund, the Underwriter or their designees. The Fund, the Underwriter, or their designees will be deemed to have approved such sales literature or promotional material unless the Fund or its designee reasonably object objects or provides comments to such use the Company within fifteen calendar days ten (10) Business Days after receipt of such material. The Fund Fund, the Underwriter, or its designee reserves their designees reserve the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund [(or a Designated Portfolio thereof)] or the Adviser or the Underwriter is named, and no such material shall be used if the Fund Fund, the Underwriter or its designee their designees so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or profiles or prospectus or SAI for the Fund shares, as such registration statement and profiles and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Fund, the Underwriter, or their designee within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund will provide to the Company at least one complete copy of all registration statements, profiles, prospectuses, SAIs, shareholder 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 promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund or the Underwriter at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 4.7. The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation [for any Designated Portfolio], and of any material change in the Fund’s registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. 4.8. For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund Trust or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (Trust, the Distributor or a Portfolio thereof) or the Adviser or the Underwriter one of its affiliates is named, at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Fund Trust or its designee reasonably object to such use within fifteen calendar days (15) Business Days after receipt of such material. The Fund Trust or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Trust, the Distributor or one of its affiliates is named, and no such material shall be used if the Fund Trust, the Distributor, or its the designee of either so objectobjects. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund Trust or concerning the Fund Trust 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 Fund Trust shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the FundTrust, or in sales literature or other promotional material approved by the Fund Trust or its designee or by the Underwriter, except with the permission of the Fund Trust or the Underwriter Distributor or the designee of either. 4.3 The Fund, UnderwriterDistributor, or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material in which the Company, and/or Company or its AccountAccount(s), is named at least fifteen calendar days (15) Business Days prior to its use. No such material shall be used if the Company reasonably objects or its designee object to such use within fifteen calendar days (15) Business Days after receipt of such material. The Notwithstanding that the Company did not initially object, the Company reserves the right to reasonably object at any time thereafter to the continued use of any such sales literature or other promotional material in which the Company is named, and no such material shall be used thereafter if the Company so objects. 4.4 The Fund and the Underwriter Distributor shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 The Fund Distributor will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsStatements of Additional Information, reports, proxy statements, and any other regulatory filing that it is legally obligated to deliver to Company. The Distributor will deliver to Company any applications for exemptions, requests for no-action letters and notices, orders or responses relating thereto, if the issuance of any such notice, order or response to such, or the absence thereof, would have a materially adverse effect on the Trust. The Distributor will provide written notice to the Company if at any time the Distributor or an affiliate of the Distributor determines that there is a material risk that the Trust may no longer rely on the private letter ruling issued to the Trust by the Internal Revenue Service and released on February 25, 2011 (the "PLR"), and (b) the absence of such reliance would have a materially adverse effect on the Trust's ability to comply with Section 851 of the Internal Revenue Code. 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 materialsmaterials that refer to the Trust, applications for exemptions, requests for no-action letters, and all amendments to any of the abovenotices, that relate to the Fund orders or its shares, contemporaneously with the filing of such document(s) 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, SAIs, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions, requests for no-action letters, responses relating thereto and all supplements and amendments to any of the above, that relate to the Contracts or the each Account, contemporaneously with the filing of such document(s) with document with, or the issuance of such documents by, the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic or other public media), sales literature (i.e., any _____ written or electronic communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, performance reports or summaries, form letters, telemarketing scripts, 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 agents or employees, and registration statements, prospectuses, SAIsStatements of Additional Information, shareholder reports, and proxy materials. 4.8 The Distributor will provide the Company with reasonable notice as of any proxy solicitation for the Trust, and of any other communications distributed material change in the Trust's registration statement or made generally available with regard prospectus, particularly any change resulting in a change to the Fundsregistration statement or prospectus for any Account. The Distributor will work with the Company to make changes to its registration statement and prospectus, in an orderly manner. The Distributor will make reasonable efforts to attempt to have changes affecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Trust, the Underwriter, or its designeetheir designees, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund Trust (or a Portfolio Designated Fund thereof) or the Adviser or the Underwriter is named. No such material shall be used until approved by the Trust, the Underwriter or their designees. The Trust, the Underwriter, or their designees will be deemed to have approved such sales literature or promotional material unless the Trust or its designee objects or provides comments to the Company within ten (10) Business Days after receipt of such material. The Trust, the Underwriter, or their designees reserve the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Trust (or a Designated Fund thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if the Fund or its designee reasonably object to such use within fifteen calendar days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund Trust, the Underwriter or its designee their designees so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund Trust or concerning the Fund Trust or the Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or profiles or prospectus or SAI for the Fund Trust shares, as such registration statement and profiles and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the FundTrust, or in sales literature or other promotional material approved by the Fund Trust or its designee or by the Underwriter, except with the permission of the Fund Trust or the Underwriter or the designee of either. 4.3 4.3. The Fund, Trust and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Trust, the Underwriter, or their designee within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund Trust and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund Trust will provide to the Company at least one complete copy of all registration statements, profiles, prospectuses, SAIs, shareholder 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 Trust or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund Trust or the Underwriter at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Trust and the Underwriter any complaints received from the Contract owners pertaining to the Trust [or the Designated Fund]. 4.7 4.7. The Trust will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Fund, and of any material change in the Trust’s registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Trust will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. 4.8. For purposes of this Article IV, the phrase “sales literature and other promotional materials” includes, but is not limited to, any of the following that refer to the Fund Trust or any affiliate of the FundTrust: 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsTrust.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Underwriter or its designee. The Underwriter or its designee will be deemed to have approved such sales literature or promotional material unless the Fund or its designee reasonably object objects or provides comments to such use the Company within fifteen calendar days ten (10) Business Days after receipt of such material. The Fund Underwriter or its designee reserves the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund (or a Designated Portfolio thereof) or the Adviser or the Underwriter is named, and no such material shall be used if the Fund or its designee so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Fund, the Underwriter, or their designee within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund Underwriter 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 Fund or its shares, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.7 4.7. The Underwriter will provide the Company with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in the Fund's registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Underwriter will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. 4.8. For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the FundsFund.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund Underwriter or its designee, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund (or a Portfolio thereof) or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if the Fund Underwriter or its designee reasonably object in writing to such use within fifteen calendar days after receipt of such material. The Fund Underwriter or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object. 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund 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 Fund shares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. The Underwriter agrees to respond to any request for approval on a prompt and timely basis. 4.3 The Fund, Underwriter, Underwriter or its designee shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops or uses and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its use. No such material shall be used if the Company reasonably objects to such use within fifteen calendar days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, the Contracts, or the Contracts any certificates thereunder other than the information or representations contained in a registration statement, prospectus, the Contracts or SAI for the Contractsany certificates thereunder, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. The Company agrees to respond to any request for approval on a prompt and timely basis. 4.5 The Fund Underwriter will provide to the Company at least one complete copy of all registration statements, of the Fund's 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 Fund or its shares, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.6 The Company will provide to the Fund Underwriter 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 lettersif any, 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 SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed material constituting sales literature or made generally available with regard advertising under NASD rules, the 1940 Act or the 1933 Act which relates to the Funds. 4.8 The Underwriter agrees and acknowledges that the Underwriter has no right, title or interest in the name, marks and any sales literature and other promotional material of the Company. The Company agrees and acknowledges that the Company has no right, title or interest in the name, marks and any sales literature and other promotional material of the Underwriter. Except as provided in this Article IV, no party shall use the name, marks or other materials of the other party on its own behalf or on behalf of the separate account or the Fund, without prior written consent of the other. Upon termination of this Agreement for any reason, each party shall cease all use of any name or mark of the other.

Sales Material and Information. 4.1 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund Fund, the Underwriter, or its designeetheir designees, each piece of sales literature or other promotional material that the Company develops or uses and in which the Fund [(or a Designated Portfolio thereof) )] or the Adviser or the Underwriter is named, at least fifteen calendar days prior to its use. No such material shall be used if until approved by the Fund, the Underwriter or their designees. The Fund, the Underwriter, or their designees will be deemed to have approved such sales literature or promotional material unless the Fund or its designee reasonably object objects or provides comments to such use the Company within fifteen calendar days ten (10) Business Days after receipt of such material. The Fund Fund, the Underwriter, or its designee reserves their designees reserve the right to reasonably object to the continued use of any such materialsales literature or other promotional material in which the Fund [(or a Designated Portfolio thereof)] or the Adviser or the Underwriter is named, and no such material shall be used if the Fund Fund, the Underwriter or its designee their designees so object. 4.2 4.2. The Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or the Adviser or the Underwriter in connection with the sale of the Contracts other than the information or representations contained in the registration statement or profiles or prospectus or SAI for the Fund shares, as such registration statement and profiles and prospectus or SAI may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund or its designee or by the Underwriter, except with the permission of the Fund or the Underwriter or the designee of either. 4.3 4.3. The Fund, Fund and the Underwriter, or its designee their designee, shall furnish, or shall cause to be furnished, to the Company, each piece of sales literature or other promotional material that it develops and in which the Company, and/or its Account, is named at least fifteen calendar days prior to its usenamed. No such material shall be used if until approved by the Company. The Company will be deemed to have approved such sales literature or promotional material unless the Company reasonably objects or provides comments to such use the Fund, the Underwriter, or their designee within fifteen calendar days ten Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Company and/or its Account is named, and no such material shall be used if the Company so objects. 4.4 4.4. The Fund and the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the Account, or the Contracts other than the information or representations contained in a registration statementstatement and prospectus (which shall include an offering memorandum, prospectusif any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), or SAI for the Contracts, as such registration statement, prospectus prospectus, or SAI may be amended or supplemented from time to time, or in published reports for the Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the permission of the Company. 4.5 4.5. The Fund will provide to the Company at least one complete copy of all registration statements, profiles, prospectuses, SAIs, shareholder 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 promptly after the filing of such document(s) with the SEC or other regulatory authorities. 4.6 4.6. The Company will provide to the Fund or the Underwriter at least one complete copy of all registration statements, prospectusesprospectuses (which shall include an offering memorandum, if any, if the Contracts issued by the Company or interests therein are not registered under the 1933 Act), 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, contemporaneously with promptly after the filing of such document(s) with the SEC or other regulatory authorities. The Company shall provide to the Fund and the Underwriter any complaints received from the Contract owners pertaining to the Fund or the Designated Portfolio. 4.7 4.7. The Fund will provide the Company with as much notice as is reasonably practicable of any proxy solicitation [for any Designated Portfolio], and of any material change in the Fund's registration statement, particularly any change resulting in a change to the registration statement or prospectus for any Account. The Fund will work with the Company so as to enable the Company to solicit proxies from Contract owners, or to make changes to its prospectus or registration statement, in an orderly manner. 4.8. For purposes of this Article IV, the phrase “"sales literature and other promotional materials” " 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.

Sales Material and Information. 4.1 The Without limiting the scope or effect of Section 4.2 hereof, the Company shall furnish, or shall cause to be furnished, to the Fund or its designee, Underwriter each piece of sales literature or other promotional material that the Company develops or uses and (as defined hereafter) in which the Fund (or a Portfolio thereof) or the Adviser Trust, its investment adviser or the Underwriter is named, named at least fifteen calendar 15 days prior to its use. No such material shall be used if the Fund or its designee reasonably object Underwriter objects to such use within fifteen calendar days five Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, and no such material shall be used if the Fund or its designee so object.such 4.2 The Company shall not give any information or make any representations or statements on behalf of the Fund Trust or concerning the Fund Trust 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 Fund Trust 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 FundTrust, or in sales literature or other promotional material approved by the Fund Trust or its designee or by the Underwriter, except with the written permission of the Fund Trust or the Underwriter or the designee of eithereither or as is required by law. 4.3 The Fund, Underwriter, Underwriter or its designee shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material prepared by the Underwriter in which the Company, Company and/or its Account, separate account(s) is named at least fifteen calendar 15 days prior to its use. No such material shall be used if the Company reasonably or its designee objects to such use within fifteen calendar days five Business Days after receipt of such material. The Company reserves the right to reasonably object to the continued use of such material and no such material shall be used if the Company so objects. 4.4 The Fund and Neither the Trust nor the Underwriter shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Account, or the Contracts other than the information or representations contained in a registration statement, prospectus, statement or SAI prospectus for the Contracts, as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Account which are in the public domain or approved by the Company for distribution to Contract owners, or in sales literature or other promotional material approved by the Company or its designee, except with the written permission of the CompanyCompany or as is required by law. 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 Fund or its shares, contemporaneously with the filing of such document(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “"sales literature and or other promotional materials” 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Fundsregistered representatives.

Sales Material and Information. 4.1 The Company shall furnish, or shall cause to be furnished, to the Fund Administrator, the Underwriter or its their designee, each piece of sales literature or other promotional material that prepared by the Company develops or uses and any person contracting with the Company in which the Administrator, the PIMS Fund, the MMS Fund (or a Portfolio thereof) or the Adviser or the Underwriter is nameddescribed, at least fifteen ten calendar days prior to its use. No such literature or material shall be used if without prior approval from the Fund Administrator, the Underwriter or its designee reasonably their designee, however, the failure to object in writing within such ten days will be deemed approval. Such approval process shall not apply to subsequent usage of materials that are substantially similar to prior approvals, provided, that, in any such use within fifteen calendar days after receipt materials, the Company makes any revisions necessary to reflect changes set forth in any applicable prospectus and/or statement of such material. The Fund or its designee reserves the right to reasonably object to the continued use of such material, additional information and no such material shall be used if the Fund or its designee so objectupdates any performance information. 4.2 The Neither the Company nor any person contracting with the Company shall not give any information or make any representations or statements on behalf of the PIMS Fund and the MMS Fund or concerning the either such Fund 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 Fund sharesShares, as such registration statement and prospectus or SAI may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the PIMS Fund and the MMS Fund, or in sales literature or other promotional material approved by the such Fund or its designee or by the Underwriterdesignee, except with the permission of the Fund Administrator or the Underwriter or the designee of eitherits designee. 4.3 The Fund, Underwriter, or its designee Underwriter and Administrator shall furnish, or shall cause to be furnished, to the CompanyCompany or its designee, each piece of sales literature or other promotional material it or the PIMS Fund, the MMS Fund, or the Trusts develop, or has developed, and in which the CompanyCompany or any Separate Account is named, and/or its Account, is named at least fifteen ten calendar days prior to its use. No such literature or material shall be used if without prior approval from the Company reasonably objects or its designee, however, the failure to object in writing within such use within fifteen calendar ten days after receipt will be deemed approval. Such approval process shall not apply to subsequent usage of such material. The Company reserves the right materials that are substantially similar to reasonably object to the continued use of such material and no such material shall be used if the Company so objectsprior approved materials. 4.4 The Fund Administrator and the Underwriter agree, and shall cause the PIMS and the MMS Funds to agree, that they shall not give any information or make any representations on behalf of the Company or concerning the Company, the each Separate Account, or the Contracts other than the information or representations contained in the Contracts, a disclosure document, registration statement, prospectus, statement or SAI prospectus for the ContractsContracts (if applicable), as such registration statement, statement and prospectus or SAI may be amended or supplemented from time to time, or in published reports for the each Separate Account which are in the public domain or approved by the Company for distribution to Contract ownersowners or participants, or in sales literature or other promotional material approved by the Company or its designeeCompany, except with the permission of the Company. 4.5 The Fund Administrator will provide to the Company at least one complete copy of all registration statements, prospectuses, SAIsstatements of additional information, reportsreports to shareholders, 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 PIMS Fund, the MMS Fund, or its sharestheir respective Shares, contemporaneously with promptly after the filing of such document(s) 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, 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, contemporaneously with the filing of such document(s) with the SEC or other regulatory authorities. 4.7 For purposes of this Article IV, the phrase “sales literature and other promotional materials” 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, 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, 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 agents or employees, and registration statements, prospectuses, SAIs, shareholder reports, proxy materials, and any other communications distributed or made generally available with regard to the Funds.