Common use of Servicing Fees Clause in Contracts

Servicing Fees. The provision of shareholder and administrative services to contract owners or to the Plans shall be the responsibility of ING Financial, ING Life, ING Institutional or the Nominee and shall not be the responsibility of Fund Agent. The Nominee, or ING Life on behalf of its Separate Accounts, will be recognized as the sole shareholder of Fund shares purchased under this Agreement. It is further recognized that there will be a substantial savings in administrative expense and recordkeeping expenses by virtue of having one shareholder rather than multiple shareholders. In consideration of the administrative savings resulting from such arrangement, Fund Agent agrees to pay to ING Life or ING Institutional, as appropriate, a servicing fee, as specified in Exhibit III (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. The parties agree that all or a portion of such servicing fee may be derived from a Fund’s 12b-1 plan. Fund Agent will make such payments to ING Life or ING Institutional within thirty (60) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide a statement showing the calculation of the fee payable to ING Life or ING Institutional for the quarter and such other supporting data as may be reasonably requested by ING Life or ING Institutional. If required by a Plan or by applicable law, ING Life or ING Institutional shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such servicing fees, or to use servicing fees it collects from Fund Agent to offset other fees payable by the Plan to ING Life or ING Institutional. 5. 12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares or shareholder services related to Fund Shares, Fund Agent shall make quarterly payments to ING Financial, as specified in Exhibit III (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. Fund Agent will make such payments to ING Financial within thirty (60) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Fund Agent to offset other fees payable by the Plan to ING Financial.

Servicing Fees. The provision of shareholder and administrative services to contract owners or to the Plans shall be the responsibility of ING Financial, ING Life, ING Institutional or the Nominee and shall not be the responsibility of Fund AgentDistributor. The Nominee, or ING Life on behalf of its Separate Accounts, will be recognized as the sole shareholder of Fund shares purchased under this Agreement. It is further recognized that there will be a substantial savings in administrative expense and recordkeeping expenses by virtue of having one shareholder rather than multiple shareholders. In consideration of the administrative savings resulting from such arrangement, Fund Agent Distributor agrees to pay to ING Life or ING Institutional, as appropriate, a servicing fee, as specified in Exhibit III Schedule C (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. The parties agree that all or a portion of such servicing fee may be derived from a Fund’s 12b-1 plan. Fund Agent Distributor will make such payments to ING Life or ING Institutional within thirty (6030) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Life or ING Institutional for the quarter and such other supporting data as may be reasonably requested by ING Life or ING Institutional. If required by a Plan or by applicable law, ING Life or ING Institutional shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such servicing fees, or to use servicing fees it collects from Fund Agent Distributor to offset other fees payable by the Plan to ING Life or ING Institutional. 5. 12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares or shareholder services related to Fund Shares, Fund Agent shall make quarterly payments to ING Financial, as specified in Exhibit III (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. Fund Agent will make such payments to ING Financial within thirty (60) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Fund Agent to offset other fees payable by the Plan to ING Financial.

Servicing Fees. The provision of shareholder and administrative services to contract owners or to the Plans shall be the responsibility of ING Financial, ING Life, ING Institutional or the Nominee and shall not be the responsibility of Fund AgentDistributor. The Nominee, or ING Life on behalf of its Separate Accounts, will be recognized as the sole shareholder of Fund shares purchased under this Agreement. It is further recognized that there will be a substantial savings in administrative expense and recordkeeping expenses by virtue of having one shareholder rather than multiple shareholders. In consideration of the administrative savings resulting from such arrangement, Fund Agent Distributor agrees to pay to ING Life or ING Institutional, as appropriate, a servicing fee, as specified in Exhibit III Schedule A (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. The parties agree that all or a portion of such servicing fee may be derived from a Fund’s 12b-1 plan. Fund Agent Upon receipt of an invoice from ING, Distributor will make such payments to ING Life or ING Institutional within thirty (6030) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Life or ING Institutional for the quarter and such other supporting data as may be reasonably requested by ING Life or ING Institutional. If required by a Plan or by applicable law, ING Life or ING Institutional shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such servicing fees, or to use servicing fees it collects from Fund Agent Distributor to offset other fees payable by the Plan to ING Life or ING Institutional. 5. 12b-1 Fees. To In addition, as set forth on Schedule A, affiliates of the Distributor and/or Funds may also compensate ING Financial for its distribution of Fund Shares or shareholder services related to Fund Shares, Fund Agent shall make quarterly payments to that ING Financial, as specified in Exhibit III (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. Fund Agent will make such payments to ING Financial within thirty (60) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Fund Agent to offset other fees payable by the Plan to ING Financialperforms under this Agreement.

Servicing Fees. The provision of shareholder and administrative services to contract owners or to the Plans shall be the responsibility of ING Financial, ING Life, RLNY, ING Institutional Institutional, or the Nominee and shall not be the responsibility of Fund AgentDistributor. The Nominee, or ING Life or RLNY on behalf of its Separate Accounts, will be recognized as the sole shareholder of Fund shares purchased under this Agreement. It is further recognized that there will be a substantial savings in administrative expense and recordkeeping expenses by virtue of having one shareholder rather than multiple shareholders. In consideration of the administrative savings resulting from such arrangement, Fund Agent Distributor agrees to pay to ING Life or Life, RLNY, and/or ING Institutional, as appropriate, Institutional a servicing fee, as specified in Exhibit III (attached), fee based on the annual rates described in Schedule C of the average net assets invested in the Funds through the Contracts or through ING Life’s or ’s, RLNY’s, and ING Institutional’s arrangements with Plans in each calendar quarter. The parties agree that all or a portion of such servicing fee may be derived from a Fund’s 12b-1 plan. Fund Agent Distributor will make such payments to ING Life Life, RLNY, or ING Institutional within thirty (6030) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Life Life, RLNY, or ING Institutional for the quarter and such other supporting data as may be reasonably requested by ING Life Life, RLNY, or ING Institutional. If required by a Plan or by applicable law, ING Life Life, RLNY, or ING Institutional shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such servicing fees, or to use servicing fees it collects from Fund Agent Distributor to offset other fees payable by the Plan to ING Life Life, RLNY, or ING Institutional. 5. 12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares or shareholder services related to Fund Shares, Fund Agent shall make quarterly payments to ING Financial, as specified in Exhibit III (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. Fund Agent will make such payments to ING Financial within thirty (60) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Fund Agent to offset other fees payable by the Plan to ING Financial.

Servicing Fees. The provision of shareholder and administrative services to contract owners or to the Plans shall be the responsibility of ING Financial, ING Life, ING Institutional or the Nominee and shall not be the responsibility of Fund AgentDistributor. The Nominee, or ING Life on behalf of its Separate Accounts, will be recognized as the sole shareholder of Fund shares purchased under this Agreement. It is further recognized that there will be a substantial savings in administrative expense and recordkeeping expenses by virtue of having one shareholder rather than multiple shareholders. In consideration of the administrative savings resulting from such arrangement, Fund Agent APLP agrees to pay to ING Life or ING Institutional, as appropriate, a servicing fee, as specified in Exhibit III Schedule C (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. The parties agree that all or a portion of such servicing fee may be derived from a Fund’s 12b-1 plan. Fund Agent APLP will make such payments to ING Life or ING Institutional within thirty (6030) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Life or ING Institutional for the quarter and such other supporting data as may be reasonably requested by ING Life or ING Institutional. Upon request, ING will provide APLP with a statement showing the number Plan Participants. Each quarterly fee will be independent of every other quarterly period fee. ING understands that a portion of the fees will be reimbursed by APLP by the Funds in accordance with the Funds’ practice in effect from time to time. If required by a Plan or by applicable law, ING Life or ING Institutional shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such servicing fees, or to use servicing fees it collects from Fund Agent Distributor to offset other fees payable by the Plan to ING Life or ING Institutional. 5. 12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares or shareholder services related to Fund Shares, Fund Agent shall make quarterly payments to ING Financial, as specified in Exhibit III (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. Fund Agent will make such payments to ING Financial within thirty (60) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Fund Agent to offset other fees payable by the Plan to ING Financial.

Servicing Fees. The provision of shareholder and administrative services to contract owners or to the Plans shall be the responsibility of ING Financial, ING Life, ING Institutional or the Nominee and shall not be the responsibility of Fund AgentDistributor. The Nominee, or ING Life on behalf of its Separate Accounts, will be recognized as the sole shareholder of Fund shares purchased under this Agreement. It is further recognized that there will be a substantial savings in administrative expense and recordkeeping expenses by virtue of having one shareholder rather than multiple shareholders. In consideration of the administrative savings resulting from such arrangement, Fund Agent Distributor agrees to pay to ING Life or ING Institutional, as appropriate, a servicing fee, as specified in Exhibit III Schedule A (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. The parties agree that all or a portion of such servicing fee may be derived from a Fund’s 12b-1 plan, subject to the percentage limitations on “service fees” under the applicable rules of the Financial Industry Regulatory Authority. Fund Agent Distributor will make such payments to ING Life or ING Institutional within thirty (6030) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Life or ING Institutional for the quarter and such other supporting data as may be reasonably requested by ING Life or ING Institutional. If required by a Plan or by applicable law, ING Life or ING Institutional shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such servicing fees, or to use servicing fees it collects from Fund Agent Distributor to offset other fees payable by the Plan to ING Life or ING Institutional. 5. 12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares or shareholder services related to Fund Shares, Fund Agent shall make quarterly payments to ING Financial, as specified in Exhibit III (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. Fund Agent will make such payments to ING Financial within thirty (60) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Fund Agent to offset other fees payable by the Plan to ING Financial.

Servicing Fees. The provision of shareholder and administrative services to contract owners or to the Plans shall be the responsibility of ING Financial, ING Life, RLNY, ING Institutional Institutional, or the Nominee and shall not be the responsibility of Fund AgentDistributor. The Nominee, or ING Life or RLNY on behalf of its Separate Accounts, will be recognized as the sole shareholder of Fund shares purchased under this Agreement. Agreement It is further recognized that there will be a substantial savings in administrative expense and recordkeeping expenses by virtue of having one shareholder rather than multiple shareholders. In consideration Inconsideration of the administrative savings resulting from such arrangement, Fund Agent Distributor agrees to pay to ING Life or Life, RLNY, and/or ING Institutional, as appropriate, Institutional a servicing fee, as specified in Exhibit III (attached), fee based on the annual rates described in Schedule C of the average net assets invested in the Funds through the Contracts or through ING Life’s or 's, RLNY' s, and ING Institutional’s ' s arrangements with Plans in each calendar quarter. The parties agree that all or a portion of such servicing fee may be derived from a Fund’s 12b-1 plan. Fund Agent Distributor will make such payments to ING Life Life, RLNY, or ING Institutional within thirty (6030) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Life Life, RLNY, or ING Institutional for the quarter and such other supporting data as may be reasonably requested by ING Life Life, RLNY, or ING Institutional. If required by a Plan or by applicable law, ING Life Life, RLNY, or ING Institutional shall have the right to allocate to a Plan or to Participant accounts in i n a Plan all or a portion of such servicing fees, or to use servicing fees it collects from Fund Agent Distributor to offset other fees payable by the Plan to ING Life Life, RLNY, or ING Institutional. 5. 12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares or shareholder services related to Fund Shares, Fund Agent shall make quarterly payments to ING Financial, as specified in Exhibit III (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. Fund Agent will make such payments to ING Financial within thirty (60) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Fund Agent to offset other fees payable by the Plan to ING Financial.

Servicing Fees. The provision of shareholder and administrative services to contract owners or to the Plans shall be the responsibility of ING Financial, ING Life, ING Institutional or the Nominee and shall not be the responsibility of Fund AgentDistributor. The Nominee, or ING Life on behalf of its Separate Accounts, will be recognized as the sole shareholder of Fund shares purchased under this Agreement. It is further recognized that there will be a substantial savings in administrative expense and recordkeeping expenses by virtue of having one shareholder rather than multiple shareholders. In consideration of the administrative savings resulting from such arrangement, Fund Agent Distributor agrees to pay to ING Life or ING Institutional, as appropriate, a servicing fee, as specified in Exhibit III Schedule A (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. The parties agree that all or a portion of such servicing fee may be derived from a Fund’s 12b-1 plan. Fund Agent Distributor will make such payments to ING Life or ING Institutional within thirty (6030) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Life or ING Institutional for the quarter and such other supporting data as may be reasonably requested by ING Life or ING Institutional. If required by a Plan or by applicable law, ING Life or ING Institutional shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such servicing fees, or to use servicing fees it collects from Fund Agent Distributor to offset other fees payable by the Plan to ING Life or ING Institutional. 5. 12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares or shareholder services related to Fund Shares, Fund Agent shall make quarterly payments to ING Financial, as specified in Exhibit III (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. Fund Agent will make such payments to ING Financial within thirty (60) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Fund Agent to offset other fees payable by the Plan to ING Financial.

Servicing Fees. The provision of shareholder and administrative services to contract owners or to the Plans shall be the responsibility of ING Financial, ING Life, ING Institutional or the Nominee and shall not be the responsibility of Fund AgentDistributor. The Nominee, or ING Life on behalf of its Separate Accounts, will be recognized as the sole shareholder of Fund shares purchased under this Agreement. It is further recognized that there will be a substantial savings in administrative expense and recordkeeping expenses by virtue of having one shareholder rather than multiple shareholders. In consideration of the administrative savings resulting from such arrangement, Fund Agent Distributor agrees to pay to ING Life or ING Institutional, as appropriate, a servicing feefee based on the annual rate, as specified in Exhibit III Attachment A (attached), based on of the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. The parties agree that all or a portion of such servicing fee may be derived from a Fund’s 12b-1 plan. Fund Agent Distributor will make such payments to ING Life or ING Institutional within thirty (6030) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Life or ING Institutional for the quarter and such other supporting data as may be reasonably requested by ING Life or ING Institutional. If required by a Plan or by applicable law, ING Life or ING Institutional shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such servicing fees, or to use servicing fees it collects from Fund Agent Distributor to offset other fees payable by the Plan to ING Life or ING Institutional. 5. 12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares or shareholder services related to Fund Shares, Fund Agent shall make quarterly payments to ING Financial, as specified in Exhibit III (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. Fund Agent will make such payments to ING Financial within thirty (60) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Fund Agent to offset other fees payable by the Plan to ING Financial.

Servicing Fees. The provision of shareholder and administrative services to contract owners or to the Plans shall be the responsibility of ING Financial, ING Life, ING Institutional or the Nominee and shall not be the responsibility of Fund AgentDistributor. The Nominee, or ING Life on behalf of its Separate Accounts, will be recognized as the sole shareholder of Fund shares purchased under this Agreement. It is further recognized that there will may be a substantial savings in administrative expense and recordkeeping expenses by virtue of having one shareholder rather than multiple shareholders. In consideration of the administrative savings resulting from such arrangement, Fund Agent Distributor agrees to pay to ING Life or ING Institutional, as appropriate, a servicing fee, as specified in Exhibit III Schedule A (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. The parties agree that all or a portion of such servicing fee may be derived from a Fund’s 12b-1 plan. Fund Agent Distributor will make such payments to ING Life or ING Institutional within thirty (6030) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Life or ING Institutional for the quarter and such other supporting data as may be reasonably requested by ING Life or ING Institutional. If required by a Plan or by applicable law, ING Life or ING Institutional shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such servicing fees, or to use servicing fees it collects from Fund Agent Distributor to offset other fees payable by the Plan to ING Life or ING Institutional. 5. 12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares or shareholder services related to Fund Shares, Fund Agent shall make quarterly payments to ING Financial, as specified in Exhibit III (attached), based on the average net assets invested in the Funds through the Contracts or through ING Life’s or ING Institutional’s arrangements with Plans in each calendar quarter. Fund Agent will make such payments to ING Financial within thirty (60) days after the end of each calendar quarter. Upon reasonable request, Fund Agent shall provide a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Fund Agent to offset other fees payable by the Plan to ING Financial.