Common use of SALES MATERIALS Clause in Contracts

SALES MATERIALS. 6.1 The Company will furnish, or will cause to be furnished, to the Corporations or the Distributor, each piece of sales literature or other promotional material in which the Portfolios, the Distributor or any affiliate thereof is named, at least five (5) business days prior to its intended use. No material shall be used if a Corporation or its designee reasonably objects to such use within five (5) Business Days after receipt of such material. 6.2 Each Corporation or the Distributor will furnish, or will cause to be furnished, to the Company, each piece of sales literature or other promotional material in which the Company or its Separate Accounts are named, at least five (5) business days prior to its intended use. No such material shall be used unless the Company approves such material. No material shall be used if a Corporation or its designee reasonably objects to such use within five (5) Business Days after receipt of such material. 6.3 Except with the express, prior permission of the Company, neither the Corporations nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, the Separate Accounts, or the Variable Contracts other than the information or representations contained in the registration statement for such Variable Contracts, as such registration statement may be amended or supplemented from time to time, or in reports of the Separate Accounts for distribution to Owners of such Variable Contracts, or in sales literature or other promotional material approved by the Company or its designee. Neither the Corporations nor the Distributor shall give such information or make such representations or statements in a context that causes the information, representations or statements to be false or misleading. 6.4 Except with the express, prior permission of the Corporations or the Distributor, neither the Company nor its affiliates or agents shall give any information or make any representations or statements on behalf of the Corporations, the Distributor or any affiliate thereof or concerning the Portfolios, the Distributor or any affiliate thereof, other than the information or representations contained in the registration statements for the Portfolios, as such registration statements may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Portfolios, or in sales literature or other promotional material approved by the Corporations or the Distributor or designee thereof. Neither the Company nor its affiliates or agents shall give such information or make such representations or statements in a context that causes the information, representations or statements to be false or misleading. 6.5 At the request of any party to this Agreement, each other party will make available to the other party’s independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested. 6.6 For purposes of this Agreement, the phrase “sales literature or other promotional material” or words of similar import include, without limitation, 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 (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or 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, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under the FINRA rules, the 1940 Act or the 1933 Act.

SALES MATERIALS. 6.1 The Company will furnish, or will cause to be furnishedfur­nished, to the Corporations Trust or the Distributor, each piece of sales literature or other promotional material in which the PortfoliosTrust, the Distributor or any affiliate thereof is named, at least five (5) business days prior to its intended use. No material shall be used if a Corporation the Trust or its designee reasonably objects to such use within five (5) Business Days after receipt of such material. 6.2 Each Corporation The Trust or the Distributor will furnish, or will cause to be furnished, to the Company, each piece of sales literature or other promotional material in which the Company or its Separate Accounts are named, at least five (5) business days prior to its intended use. No such material shall be used unless the Company approves such material. No material shall be used if a Corporation the Trust or its designee reasonably objects to such use within five (5) Business Days after receipt of such material. 6.3 Except with the express, prior permission of the Company, neither the Corporations Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, the Separate Accounts, or the Variable Contracts other than the information or representations contained in the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts for distribution to Owners of such Variable Contracts, or in sales literature or other promotional material approved by the Company or its designee. Neither the Corporations Trust nor the Distributor shall give such information or make such representations or statements in a context that causes the information, representations or statements to be false or misleading. 6.4 Except with the express, prior permission of the Corporations Trust or the Distributor, neither the Company nor its affiliates or agents shall give any information or make any representations or statements on behalf of the CorporationsTrust, the Distributor or any affiliate thereof or concerning the PortfoliosTrust, the Distributor or any affiliate thereof, other than the information or representations contained in the registration statements or prospectuses for the PortfoliosTrust, as such registration statements and prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the PortfoliosTrust, or in sales literature or other promotional material approved by the Corporations Trust or the Distributor or designee thereof. Neither the Company nor its affiliates or agents shall give such information or make such representations or statements in a context that causes the information, representations or statements to be false or misleading. The Trust and the Distributor hereby consent to the Company’s use of the names of the Portfolios and of the names of the adviser(s) of such Portfolios, and the Trust or the Distributor will supply an appropriate logo to the Company for use on the Company’s website and in other sales literature and promotional materials in connection with the Portfolios. 6.5 At the request of any party to this Agreement, each other party will make available to the other party’s 's independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested. 6.6 For purposes of this Agreement, the phrase “"sales literature or other promotional material” " or words of similar import include, without limitation, 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 (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or 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, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under the National Association of Securities Dealers, Inc. or FINRA rules, the 1940 '40 Act or the 1933 '33 Act.

SALES MATERIALS. 6.1 The Company will furnish, or will cause to be furnished, to the Corporations Trust or the Distributor, each piece of sales literature or other promotional material in which the PortfoliosTrust, the Distributor or any affiliate thereof is named, at least five (5) business days prior to its intended use. No material shall be used if a Corporation the Trust or its designee reasonably objects to such use within five (5) Business Days after receipt of such material. 6.2 Each Corporation The Trust or the Distributor will furnish, or will cause to be furnished, to the Company, each piece of sales literature or other promotional material in which the Company or its Separate Accounts are named, at least five (5) business days prior to its intended use. No such material shall be used unless the Company approves such material. No material shall be used if a Corporation the Trust or its designee reasonably objects to such use within five (5) Business Days after receipt of such material. 6.3 Except with the express, prior permission of the Company, neither the Corporations Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, the Separate Accounts, or the Variable Contracts other than the information or representations contained in the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts for distribution to Owners of such Variable Contracts, or in sales literature or other promotional material approved by the Company or its designee. Neither the Corporations Trust nor the Distributor shall give such information or make such representations or statements in a context that causes the information, representations or statements to be false or misleading. 6.4 Except with the express, prior permission of the Corporations Trust or the Distributor, neither the Company nor its affiliates or agents shall give any information or make any representations or statements on behalf of the CorporationsTrust, the Distributor or any affiliate thereof or concerning the PortfoliosTrust, the Distributor or any affiliate thereof, other than the information or representations contained in the registration statements or prospectuses for the PortfoliosTrust, as such registration statements and prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the PortfoliosTrust, or in sales literature or other promotional material approved by the Corporations Trust or the Distributor or designee thereof. Neither the Company nor its affiliates or agents shall give such information or make such representations or statements in a context that causes the information, representations or statements to be false or misleading. 6.5 At the request of any party to this Agreement, each other party will make available to the other party’s independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested. 6.6 For purposes of this Agreement, the phrase “sales literature or other promotional material” or words of similar import include, without limitation, 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 (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or 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, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under the National Association of Securities Dealers, Inc. or FINRA rules, the 1940 ‘40 Act or the 1933 ‘33 Act.

SALES MATERIALS. 6.1 The Company will furnish, or will cause to be furnished, to the Corporations Trust or the Distributor, each piece of sales literature or other promotional material in which the PortfoliosTrust, the Distributor or any affiliate thereof is named, at least five (5) business days prior to its intended use. No material shall be used if a Corporation the Trust or its designee reasonably objects to such use within five (5) Business Days after receipt of such material. 6.2 Each Corporation The Trust or the Distributor will furnish, or will cause to be furnished, to the Company, each piece of sales literature or other promotional material in which the Company or its Separate Accounts are named, at least five (5) business days prior to its intended use. No such material shall be used unless the Company approves such material. No material shall be used if a Corporation the Trust or its designee reasonably objects to such use within five (5) Business Days after receipt of such material. 6.3 Except with the express, prior permission of the Company, neither the Corporations Trust nor the Distributor shall give any information or make any representations on behalf of the Company or concerning the Company, the Separate Accounts, or the Variable Contracts other than the information or representations contained in the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts for distribution to Owners of such Variable Contracts, or in sales literature or other promotional material approved by the Company or its designee. Neither the Corporations Trust nor the Distributor shall give such information or make such representations or statements in a context that causes the information, representations or statements to be false or misleading. 6.4 Except with the express, prior permission of the Corporations Trust or the Distributor, neither the Company nor its affiliates or agents shall give any information or make any representations or statements on behalf of the CorporationsTrust, the Distributor or any affiliate thereof or concerning the PortfoliosTrust, the Distributor or any affiliate thereof, other than the information or representations contained in the registration statements or prospectuses for the PortfoliosTrust, as such registration statements and prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the PortfoliosTrust, or in sales literature or other promotional material approved by the Corporations Trust or the Distributor or designee thereof. Neither the Company nor its affiliates or agents shall give such information or make such representations or statements in a context that causes the information, representations or statements to be false or misleading. 6.5 At the request of any party to this Agreement, each other party will make available to the other party’s 's independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested. 6.6 For purposes of this Agreement, the phrase “"sales literature or other promotional material” " or words of similar import include, without limitation, 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 (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or 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, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under the National Association of Securities Dealers, Inc. or FINRA rules, the 1940 '40 Act or the 1933 '33 Act.