Common use of SMFI TO PROVIDE DOCUMENTS; INFORMATION ABOUT LIFE COMPANY Clause in Contracts

SMFI TO PROVIDE DOCUMENTS; INFORMATION ABOUT LIFE COMPANY. (a) SMFI will provide to LIFE COMPANY at least one (1) complete copy of all SEC registration statements, SMFI Prospectuses, reports, any preliminary and final proxy material, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto, and all amendments and supplements to any of the above, that relate to SMFI or the Shares of a Fund, contemporaneously with the filing of such document with the SEC or NASD. (b) SMFI will provide to LIFE COMPANY camera ready copy of all SMFI prospectuses and printed copies, in an amount specified by LIFE COMPANY, of SMFI statements of additional information, proxy materials, periodic reports to shareholders and other materials required by law to be sent to Participants who have allocated any Contract value to a Fund. SMFI will provide such copies to LIFE COMPANY in a timely manner so as to enable LIFE COMPANY, as the case may be, to print and distribute such materials within the time required by law to be furnished to Participants. (c) SMFI will provide to LIFE COMPANY or its designated agent at least one (1) complete copy of each piece of sales literature or other promotional material in which LIFE COMPANY, or any of its respective affiliates is named, or that refers to the Contracts, at least five (5) Business Days prior to its use or such shorter period as the Parties hereto may, from time to time, agree upon. No such material shall be used if LIFE COMPANY or its designated agent objects to such use within five (5) Business Days after receipt of such material or such shorter period as the Parties hereto may, from time to time, agree upon. LIFE COMPANY shall receive all such sales literature until such time as it appoints a designated agent by giving notice to SMFI in the manner required by Section 9 hereof. LIFE COMPANY or its designee reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which 10 LIFE COMPANY or any of its affiliates is named, and no such material shall be used if LIFE COMPANY or its designee so object. (d) Neither SMFI nor any of its affiliates will give any information or make any representations or statements on behalf of or concerning LIFE COMPANY, each Account, or the Contracts other than (i) the information or representations contained in the registration statement, including each Account Prospectus contained therein, relating to the Contracts, as such registration statement and Account Prospectus may be amended from time to time; or (ii) in published reports for the Account or the Contracts that are in the public domain and approved by LIFE COMPANY for distribution; or (iii) in sales literature or other promotional material approved by LIFE COMPANY or its affiliates, except with the express written permission of LIFE COMPANY. (e) SMFI shall cause its principal underwriter to adopt and implement procedures reasonably designed to ensure that information concerning LIFE COMPANY, and its respective affiliates that is intended for use only by brokers or agents selling the Contracts (i.e., information that is not intended for distribution to Participants) ("broker only materials") is so used, and neither LIFE COMPANY, nor any of its respective affiliates shall be liable for any losses, damages or expenses relating to the improper use of such broker only materials. (f) For purposes of this Section 4.6, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic media, computerized media, or other public media, (e.g., on-line networks such as the Internet or other electronic messages), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including, but not limited to, 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, registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under the NASD rules, the 1933 Act or the 1940 Act. (g) SMFI will provide the LIFE COMPANY with as much notice as is reasonably practicable of any proxy solicitation for any Fund, and of any change in the Fund's registration statement or prospectus, particularly any change resulting in a change to the registration statement or prospectus for any Account. SMFI will work with the LIFE COMPANY so as to enable the LIFE COMPANY to solicit proxies from Contract owners, or to make changes to its registration statement or prospectus, in an orderly manner. SMFI will make reasonable efforts to attempt to have changes effecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

SMFI TO PROVIDE DOCUMENTS; INFORMATION ABOUT LIFE COMPANY. (a) SMFI will provide to LIFE COMPANY at least one (1) complete copy of all SEC registration statements, SMFI Prospectuses, reports, any preliminary and final proxy material, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto, and all amendments and supplements to any of the above, that relate to SMFI or the Shares of a Fund, contemporaneously with the filing of such document with the SEC or NASD. (b) SMFI will provide to LIFE COMPANY camera ready copy or electronic files of all SMFI prospectuses and printed copies, in an amount specified by LIFE COMPANY, of SMFI statements of additional information, proxy materials, periodic reports to shareholders and other materials required by law to be sent to Participants who have allocated any Contract value to a Fund. SMFI will provide such copies to LIFE COMPANY in a timely manner so as to enable LIFE COMPANY, as the case may be, to print and distribute such materials within the time required by law to be furnished to Participants. (c) SMFI will provide to LIFE COMPANY or its designated agent at least one (1) complete copy of each piece of sales literature or other promotional material in which LIFE COMPANY, or any of its respective affiliates is named, or that refers to the Contracts, at least five (5) Business Days prior to its use or such shorter period as the Parties hereto may, from time to time, agree upon. No such material shall be used if LIFE COMPANY or its designated agent objects to such use within five (5) Business Days after receipt of such material or such shorter period as the Parties hereto may, from time to time, agree upon. LIFE COMPANY shall receive all such sales literature until such time as it appoints a designated agent by giving notice to SMFI in the manner required by Section 9 hereof. LIFE COMPANY or its designee reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which 10 LIFE COMPANY or any of its affiliates is named, and no such material shall be used if LIFE COMPANY or its designee so object. (d) Neither SMFI nor any of its affiliates will give any information or make any representations or statements on behalf of or concerning LIFE COMPANY, each Account, or the Contracts other than (i) the information or representations contained in the registration statement, including each Account Prospectus contained therein, relating to the Contracts, as such registration statement and Account Prospectus may be amended from time to time; or (ii) in published reports for the Account or the Contracts that are in the public domain and approved by LIFE COMPANY for distribution; or (iii) in sales literature or other promotional material approved by LIFE COMPANY or its affiliates, except with the express written permission of LIFE COMPANY. (e) SMFI shall cause its principal underwriter to adopt and implement procedures reasonably designed to ensure that information concerning LIFE COMPANY, and its respective affiliates that is intended for use only by brokers or agents selling the Contracts (i.e., information that is not intended for distribution to Participants) ("broker only materials") is so used, and neither LIFE COMPANY, nor any of its respective affiliates shall be liable for any losses, damages or expenses relating to the improper use of such broker only materials. (f) For purposes of this Section 4.6, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic media, computerized media, or other public media, (e.g., on-line networks such as the Internet or other electronic messages), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including, but not limited to, 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, registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under the NASD rules, the 1933 Act or the 1940 Act. (g) SMFI will provide the LIFE COMPANY with as much notice as is reasonably practicable of any proxy solicitation for any Fund, and of any change in the Fund's registration statement or prospectus, particularly any change resulting in a change to the registration statement or prospectus for any Account. SMFI will work with the LIFE COMPANY so as to enable the LIFE COMPANY to solicit proxies from Contract owners, or to make changes to its registration statement or prospectus, in an orderly manner. SMFI will make reasonable efforts to attempt to have changes effecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

SMFI TO PROVIDE DOCUMENTS; INFORMATION ABOUT LIFE COMPANY. (a) SMFI will provide to LIFE COMPANY at least one (1) complete copy of all SEC registration statements, SMFI Prospectuses, reports, any preliminary and final proxy material, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto, and all amendments and supplements to any of the above, that relate to SMFI or the Shares of a Fund, contemporaneously with the filing of such document with the SEC or NASDother regulatory authorities. (b) SMFI will provide to LIFE COMPANY camera ready copy of all SMFI prospectuses and printed copies, in an amount specified by LIFE COMPANY, of SMFI statements of additional information, proxy materials, periodic reports to shareholders and other materials required by law to be sent to Participants Contractholders who have allocated any Contract value to a Fund. SMFI will provide such copies to LIFE COMPANY in a timely manner so as to enable LIFE COMPANY, as the case may be, to print and distribute such materials within the time required by law to be furnished to Participants.Contractholders. The form of the prospectus and statement of additional information provided by SMFI to the LIFE COMPANY shall be the final form of prospectus and statement of additional information as filed with the Securities and Exchange Commission. The prospectus shall include only those Funds identified in Schedule A. (c) SMFI will provide to LIFE COMPANY or its designated agent at least one (1) complete copy of each piece of sales literature or other promotional material in which LIFE COMPANY, or any of its respective affiliates is named, or that refers to the Contracts, at least five (5) Business Days prior to its use or such shorter period as the Parties hereto may, from time to time, agree upon. No such material shall be used if LIFE COMPANY or its designated agent objects to such use within five (5) Business Days after receipt of such material or such shorter period as the Parties hereto may, from time to time, agree upon. LIFE COMPANY shall receive all such sales literature until such time as it appoints a designated agent by giving notice to SMFI in the manner required by Section 9 hereof. LIFE COMPANY or its designee reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which 10 LIFE COMPANY or any of its affiliates is named, and no such material shall be used if LIFE COMPANY or its designee so object. (d) Neither SMFI nor any of its affiliates will give any information or make any representations or statements on behalf of or concerning LIFE COMPANY, each Account, or the Contracts other than (i) the information or representations contained in the registration statement, including each Account Prospectus contained therein, relating to the Contracts, as such registration statement and Account Prospectus may be amended from time to time; or (ii) in published reports for the Account or the Contracts that are in the public domain and approved by LIFE COMPANY for distribution; or (iii) in sales literature or other promotional material approved by LIFE COMPANY or its affiliates, except with the express written permission of LIFE COMPANY. (e) SMFI shall cause its principal underwriter to adopt and implement procedures reasonably designed to ensure that information concerning LIFE COMPANY, and its respective affiliates that is intended for use only by brokers or agents selling the Contracts (i.e., information that is not intended for distribution to Participants) ("broker only materials") is so used, and neither LIFE COMPANY, nor any of its respective affiliates shall be liable for any losses, damages or expenses relating to the improper use of such broker only materials. (f) For purposes of this Section 4.6, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic media, computerized media, or other public media, (e.g., on-line networks such as the Internet or other electronic messages), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including, but not limited to, 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, registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under the NASD FINRA rules, the 1933 Act or the 1940 Act. (g) SMFI will provide the LIFE COMPANY with as much notice as is reasonably practicable of any proxy solicitation for any Fund, and of any change in the Fund's registration statement or prospectus, particularly any change resulting in a change to the registration statement or prospectus for any Account. SMFI will work with the LIFE COMPANY so as to enable the LIFE COMPANY to solicit proxies from Contract owners, or to make changes to its registration statement or prospectus, in an orderly manner. SMFI will make reasonable efforts to attempt to have changes effecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

SMFI TO PROVIDE DOCUMENTS; INFORMATION ABOUT LIFE COMPANY. (a) SMFI will provide to LIFE COMPANY at least one (1) complete copy of all SEC registration statements, SMFI Prospectuses, reports, any preliminary and final proxy material, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto, and all amendments and supplements to any of the above, that relate to SMFI or the Shares of a Fund, contemporaneously with the filing of such document with the SEC or NASDother regulatory authorities. (b) SMFI will provide to LIFE COMPANY camera ready copy of all SMFI prospectuses and printed copies, in an amount specified by LIFE COMPANY, of SMFI statements of additional information, proxy materials, periodic reports to shareholders and other materials required by law to be sent to Participants Contractholders who have allocated any Contract value to a Fund. SMFI will provide such copies to LIFE COMPANY in a timely manner so as to enable LIFE COMPANY, as the case may be, to print and distribute such materials within the time required by law to be furnished to Participants.Contractholders. The form of the prospectus and statement of additional information provided by SMFI to the LIFE COMPANY shall be the final form of prospectus and statement of additional information as filed with the Securities and Exchange Commission. The prospectus shall include only those Funds identified in Schedule A. (c) SMFI will provide to LIFE COMPANY or its designated agent at least one (1) complete copy of each piece of sales literature or other promotional material in which LIFE COMPANY, or any of its respective affiliates is named, or that refers to the Contracts, at least five (5) Business Days prior to its use or such shorter period as the Parties hereto may, from time to time, agree upon. No such material shall be used if LIFE COMPANY or its designated agent objects to such use within five (5) Business Days after receipt of such material or such shorter period as the Parties hereto may, from time to time, agree upon. LIFE COMPANY shall receive all such sales literature until such time as it appoints a designated agent by giving notice to SMFI in the manner required by Section 9 hereof. LIFE COMPANY or its designee reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which 10 LIFE COMPANY or any of its affiliates is named, and no such material shall be used if LIFE COMPANY or its designee so object. (d) Neither SMFI nor any of its affiliates will give any information or make any representations or statements on behalf of or concerning LIFE COMPANY, each Account, or the Contracts other than (i) the information or representations contained in the registration statement, including each Account Prospectus contained therein, relating to the Contracts, as such registration statement and Account Prospectus may be amended from time to time; or (ii) in published reports for the Account or the Contracts that are in the public domain and approved by LIFE COMPANY for distribution; or (iii) in sales literature or other promotional material approved by LIFE COMPANY or its affiliates, except with the express written permission of LIFE COMPANY. (e) SMFI shall cause its principal underwriter to adopt and implement procedures reasonably designed to ensure that information concerning LIFE COMPANY, and its respective affiliates that is intended for use only by brokers or agents selling the Contracts (i.e., information that is not intended for distribution to Participants) ("broker only materials") is so used, and neither LIFE COMPANY, nor any of its respective affiliates shall be liable for any losses, damages or expenses relating to the improper use of such broker only materials. (f) For purposes of this Section 4.6, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic media, computerized media, or other public media, (e.g., on-line networks such as the Internet or other electronic messages), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including, but not limited to, 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, registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under the NASD FINRA rules, the 1933 Act or the 1940 Act. (g) SMFI will provide the LIFE COMPANY with as much notice as is reasonably practicable of any proxy solicitation for any Fund, and of any change in the Fund's registration statement or prospectus, particularly any change resulting in a change to the registration statement or prospectus for any Account. SMFI will work with the LIFE COMPANY so as to enable the LIFE COMPANY to solicit proxies from Contract owners, or to make changes to its registration statement or prospectus, in an orderly manner. SMFI will make reasonable efforts to attempt to have changes effecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

SMFI TO PROVIDE DOCUMENTS; INFORMATION ABOUT LIFE COMPANY. (a) SMFI will provide to LIFE COMPANY at least one (1) complete copy of all SEC registration statements, SMFI Prospectuses, reports, any preliminary and final proxy material, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto, and all amendments and supplements to any of the above, that relate to SMFI or the Shares of a Fund, contemporaneously with the filing of such document with the SEC or NASDother regulatory authorities. (b) SMFI will provide to LIFE COMPANY camera ready copy of all SMFI prospectuses and printed copies, in an amount specified by LIFE COMPANY, of SMFI statements of additional information, proxy materials, periodic reports to shareholders and other materials required by law to be sent to Participants Contractholders who have allocated any Contract value to a Fund. SMFI will provide such copies to LIFE COMPANY in a timely manner so as to enable LIFE COMPANY, as the case may be, to print and distribute such materials within the time required by law to be furnished to Participants.Contractholders. The form of the prospectus and statement of additional information provided by SMFI to the LIFE COMPANY shall be the final form of prospectus and statement of additional information as filed with the Securities and Exchange Commission. The prospectus shall include only those Funds identified in Schedule A. (c) SMFI will provide to LIFE COMPANY or its designated agent at least one (1) complete copy of each piece of sales literature or other promotional material in which LIFE COMPANY, or any of its respective affiliates is named, or that refers to the Contracts, at least five (5) Business Days prior to its use or such shorter period as the Parties hereto may, from time to time, agree upon. No such material shall be used if LIFE COMPANY or its designated agent objects to such use within five (5) Business Days after receipt of such material or such shorter period as the Parties hereto may, from time to time, agree upon. LIFE COMPANY shall receive all such sales literature until such time as it appoints a designated agent by giving notice to SMFI in the manner required by Section 9 hereof. LIFE COMPANY or its designee reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which 10 LIFE COMPANY or any of its affiliates is named, and no such material shall be used if LIFE COMPANY or its designee so object. (d) Neither SMFI nor any of its affiliates will give any information or make any representations or statements on behalf of or concerning LIFE COMPANY, each Account, or the Contracts other than (i) the information or representations contained in the registration statement, including each Account Prospectus contained therein, relating to the Contracts, as such registration statement and Account Prospectus may be amended from time to time; or (ii) in published reports for the Account or the Contracts that are in the public domain and approved by LIFE COMPANY for distribution; or (iii) in sales literature or other promotional material approved by LIFE COMPANY or its affiliates, except with the express written permission of LIFE COMPANY. (e) SMFI shall cause its principal underwriter to adopt and implement procedures reasonably designed to ensure that information concerning LIFE COMPANY, and its respective affiliates that is intended for use only by brokers or agents selling the Contracts (i.e., information that is not intended for distribution to Participants) ("broker only materials") is so used, and neither LIFE COMPANY, nor any of its respective affiliates shall be liable for any losses, damages or expenses relating to the improper use of such broker only materials. (f) For purposes of this Section 4.6, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic media, computerized media, or other public media, (e.g., on-line networks such as the Internet or other electronic messages), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including, but not limited to, 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, registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under the NASD rules, the 1933 Act or the 1940 Act. (g) SMFI will provide the LIFE COMPANY with as much notice as is reasonably practicable of any proxy solicitation for any Fund, and of any change in the Fund's registration statement or prospectus, particularly any change resulting in a change to the registration statement or prospectus for any Account. SMFI will work with the LIFE COMPANY so as to enable the LIFE COMPANY to solicit proxies from Contract owners, or to make changes to its registration statement or prospectus, in an orderly manner. SMFI will make reasonable efforts to attempt to have changes effecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

SMFI TO PROVIDE DOCUMENTS; INFORMATION ABOUT LIFE COMPANY. (a) SMFI will provide to LIFE COMPANY at least one (1) complete copy of all SEC registration statements, SMFI Prospectuses, reports, any preliminary and final proxy material, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto, and all amendments and supplements to any of the above, that relate to SMFI or the Shares of a Fund, contemporaneously with the filing of such document with the SEC or NASDother regulatory authorities. (b) SMFI will provide to LIFE COMPANY camera ready copy of all SMFI prospectuses and printed copies, in an amount specified by LIFE COMPANY, of SMFI statements of additional information, proxy materials, periodic reports to shareholders and other materials required by law to be sent to Participants Owners who have allocated any Contract value to a Fund. SMFI will provide such copies to LIFE COMPANY in a timely manner so as to enable LIFE COMPANY, as the case may be, to print and distribute such materials within the time required by law to be furnished to Participants.Owners. The form of the prospectus and statement of additional information provided by SMFI to the LIFE COMPANY shall be the final form of prospectus and statement of additional information as filed with the Securities and Exchange Commission. The prospectus shall include only those Funds identified in Schedule A. (c) SMFI will provide to LIFE COMPANY or its designated agent at least one (1) complete copy of each piece of sales literature or other promotional material in which LIFE COMPANY, or any of its respective affiliates is named, or that refers to the Contracts, at least five (5) Business Days prior to its use or such shorter period as the Parties hereto may, from time to time, agree upon. No such material shall be used if LIFE COMPANY or its designated agent objects to such use within five (5) Business Days after receipt of such material or such shorter period as the Parties hereto may, from time to time, agree upon. LIFE COMPANY shall receive all such sales literature until such time as it appoints a designated agent by giving notice to SMFI in the manner required by Section 9 hereof. LIFE COMPANY or its designee reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which 10 LIFE COMPANY or any of its affiliates is named, and no such material shall be used if LIFE COMPANY or its designee so object. (d) Neither SMFI nor any of its affiliates will give any information or make any representations or statements on behalf of or concerning LIFE COMPANY, each Account, or the Contracts other than (i) the information or representations contained in the registration statement, including each Account Prospectus contained therein, relating to the Contracts, as such registration statement and Account Prospectus may be amended from time to time; or (ii) in published reports for the Account or the Contracts that are in the public domain and approved by LIFE COMPANY for distribution; or (iii) in sales literature or other promotional material approved by LIFE COMPANY or its affiliates, except with the express written permission of LIFE COMPANY. (e) SMFI shall cause its principal Symetra underwriter to adopt and implement procedures reasonably designed to ensure that information concerning LIFE COMPANY, and its respective affiliates that is intended for use only by brokers or agents selling the Contracts (i.e., information that is not intended for distribution to ParticipantsOwners) ("broker only materials") is so used, and neither LIFE COMPANY, nor any of its respective affiliates shall be liable for any losses, damages or expenses relating to the improper use of such broker only materials. (f) For purposes of this Section 4.6, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic media, computerized media, or other public media, (e.g., on-line networks such as the Internet or other electronic messages), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including, but not limited to, 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, registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under the NASD rules, the 1933 Act or the 1940 Act. (g) SMFI will provide the LIFE COMPANY with as much notice as is reasonably practicable of any proxy solicitation for any Fund, and of any change in the Fund's registration statement or prospectus, particularly any change resulting in a change to the registration statement or prospectus for any Account. SMFI will work with the LIFE COMPANY so as to enable the LIFE COMPANY to solicit proxies from Contract owners, or to make changes to its registration statement or prospectus, in an orderly manner. SMFI will make reasonable efforts to attempt to have changes effecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

SMFI TO PROVIDE DOCUMENTS; INFORMATION ABOUT LIFE COMPANY. (a) SMFI SMFl will provide to LIFE COMPANY at least one (1) complete copy of all SEC registration statements, SMFI Prospectuses, reports, any preliminary and final proxy material, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto, and all amendments and supplements to any of the above, that relate to SMFI or the Shares of a Fund, contemporaneously with the filing of such document with the SEC or NASDother regulatory authorities. (b) SMFI will provide to LIFE COMPANY camera ready copy of all SMFI prospectuses and printed copies, in an amount specified by LIFE COMPANYCOMPANY , of SMFI statements of additional information, proxy materials, periodic reports to shareholders and other materials required by law to be sent to Participants who have allocated any Contract value to a Fund. SMFI will provide such copies to LIFE COMPANY in a timely manner so as to enable LIFE COMPANY, as the case may be, to print and distribute such materials within the time required by law to be furnished to Participants.. The form of the prospectus and statement of additional information provided by SMFI to the LIFE COMPANY shall be the final form of prospectus and statement of additional information as filed with the Securities and Exchange Commission. The prospectus shall include only those Funds identified in Schedule A. (c) SMFI will provide to LIFE COMPANY or its designated agent at least one (1) complete copy of each piece of sales literature or other promotional material in which LIFE COMPANY, or any of its respective affiliates is named, or that refers to the Contracts, at least five (5) Business Days prior to its use or such shorter period as the Parties hereto may, from time to time, agree upon. No such material shall be used if LIFE COMPANY or its designated agent objects to such use within five (5) Business Days after receipt of such material or such shorter period as the Parties hereto may, from time to time, agree upon. LIFE COMPANY shall receive all such sales literature until such time as it appoints a designated agent by giving notice to SMFI in the manner required by Section 9 hereof. LIFE COMPANY or its designee reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which 10 LIFE COMPANY or any of its affiliates is named, and no such material shall be used if LIFE COMPANY or its designee so object. (d) Neither SMFI nor any of its affiliates will give any information or make any representations or statements on behalf of or concerning LIFE COMPANY, each Account, or the Contracts other than (i) the information or representations contained in the registration statement, including each Account Prospectus contained thereintherein and disclosure documents, relating to the Contracts, as such registration statement and Account Prospectus may be amended from time to time; or (ii) in published reports for the Account or the Contracts that are in the public domain and approved by LIFE COMPANY for distribution; or (iii) in sales literature or other promotional material approved by LIFE COMPANY or its affiliates, except with the express written permission of LIFE COMPANY. (e) SMFI shall cause its principal underwriter to adopt and implement procedures reasonably designed to ensure that information concerning LIFE COMPANY, and its respective affiliates that is intended for use only by brokers or agents selling the Contracts (i.e.i. e., information that is not intended for distribution to Participants) ("broker only materials") is so used, and neither LIFE COMPANYCOMPANY , nor any of its respective affiliates shall be liable for any losses, damages or expenses relating to the improper use of such broker only materials. (f) For purposes of this Section 4.6, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic media, computerized media, or other public media, (e.g., on-line networks such as the Internet or other electronic messages), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including, but not limited to, 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, registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under the NASD rules, the 1933 Act or the 1940 Act. (g) SMFI will provide the LIFE COMPANY with as much notice as is reasonably practicable of any proxy solicitation for any Fund, and of any change in the Fund's registration statement or prospectus, particularly any change resulting in a change to the registration statement or prospectus for any Account. SMFI will work with the LIFE COMPANY so as to enable the LIFE COMPANY to solicit proxies from Contract owners, or to make changes to its registration statement or prospectus, in an orderly manner. SMFI will make reasonable efforts to attempt to have changes effecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

SMFI TO PROVIDE DOCUMENTS; INFORMATION ABOUT LIFE COMPANY. (a) SMFI will provide to LIFE COMPANY at least one (1) complete copy of all SEC registration statements, SMFI Prospectuses, reports, any preliminary and final proxy material, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto, and all amendments and supplements to any of the above, that relate to SMFI or the Shares of a Fund, contemporaneously with the filing of such document with the SEC or NASDother regulatory authorities. (b) SMFI will provide to LIFE COMPANY camera ready copy of all SMFI prospectuses and printed copies, in an amount specified by LIFE COMPANY, of SMFI statements of additional information, proxy materials, periodic reports to shareholders and other materials required by law to be sent to Participants who have allocated any Contract value to a Fund. SMFI will provide such copies to LIFE COMPANY in a timely manner so as to enable LIFE COMPANY, as the case may be, to print and distribute such materials within the time required by law to be furnished to Participants.. The form of the prospectus and statement of additional information provided by SMFI to the LIFE COMPANY shall be the final form of prospectus and statement of additional information as filed with the Securities and Exchange Commission. The prospectus shall include only those Funds identified in Schedule A. (c) SMFI will provide to LIFE COMPANY or its designated agent at least one (1) complete copy of each piece of sales literature or other promotional material in which LIFE COMPANY, or any of its respective affiliates is named, or that refers to the Contracts, at least five (5) Business Days prior to its use or such shorter period as the Parties hereto may, from time to time, agree upon. No such material shall be used if LIFE COMPANY or its designated agent objects to such use within five (5) Business Days after receipt of such material or such shorter period as the Parties hereto may, from time to time, agree upon. LIFE COMPANY shall receive all such sales literature until such time as it appoints a designated agent by giving notice to SMFI in the manner required by Section 9 hereof. LIFE COMPANY or its designee reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which 10 LIFE COMPANY or any of its affiliates is named, and no such material shall be used if LIFE COMPANY or its designee so object. (d) Neither SMFI nor any of its affiliates will give any information or make any representations or statements on behalf of or concerning LIFE COMPANY, each Account, or the Contracts other than (i) the information or representations contained in the registration statement, including each Account Prospectus contained therein, relating to the Contracts, as such registration statement and Account Prospectus may be amended from time to time; or (ii) in published reports for the Account or the Contracts that are in the public domain and approved by LIFE COMPANY for distribution; or (iii) in sales literature or other promotional material approved by LIFE COMPANY or its affiliates, except with the express written permission of LIFE COMPANY. (e) SMFI shall cause its principal underwriter to adopt and implement procedures reasonably designed to ensure that information concerning LIFE COMPANY, and its respective affiliates that is intended for use only by brokers or agents selling the Contracts (i.e., information that is not intended for distribution to Participants) ("“broker only materials"”) is so used, and neither LIFE COMPANY, nor any of its respective affiliates shall be liable for any losses, damages or expenses relating to the improper use of such broker only materials. (f) For purposes of this Section 4.6, the phrase "“sales literature or other promotional material" ” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic media, computerized media, or other public media, (e.g., on-line networks such as the Internet or other electronic messages), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including, but not limited to, 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, registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under the NASD rules, the 1933 Act or the 1940 Act. (g) SMFI will provide the LIFE COMPANY with as much notice as is reasonably practicable of any proxy solicitation for any Fund, and of any change in the Fund's registration statement or prospectus, particularly any change resulting in a change to the registration statement or prospectus for any Account. SMFI will work with the LIFE COMPANY so as to enable the LIFE COMPANY to solicit proxies from Contract owners, or to make changes to its registration statement or prospectus, in an orderly manner. SMFI will make reasonable efforts to attempt to have changes effecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.

SMFI TO PROVIDE DOCUMENTS; INFORMATION ABOUT LIFE COMPANY. (a) SMFI will provide to LIFE COMPANY at least one (1) complete copy of all SEC registration statements, SMFI Prospectuses, reports, any preliminary and final proxy material, applications for exemptions, requests for no-action letters, and notices, orders or responses relating thereto, and all amendments and supplements to any of the above, that relate to SMFI or the Shares of a Fund, contemporaneously with the filing of such document with the SEC or NASD. (b) SMFI will provide to LIFE COMPANY camera ready copy of all SMFI prospectuses and printed copies, in an amount specified by LIFE COMPANY, of SMFI statements of additional information, proxy materials, periodic reports to shareholders and other materials required by law to be sent to Participants who have allocated any Contract value to a Fund. SMFI will provide such copies to LIFE COMPANY in a timely manner so as to enable LIFE COMPANY, as the case may be, to print and distribute such materials within the time required by law to be furnished to Participants. (c) SMFI will provide to LIFE COMPANY or its designated agent at least one (1) complete copy of each piece of sales literature or other promotional material in which LIFE COMPANY, or any of its respective affiliates is named, or that refers to the Contracts, at least five (5) Business Days prior to its use or such shorter period as the Parties hereto may, from time to time, agree upon. No such material shall be used if LIFE COMPANY or its designated agent objects to such use within five (5) Business Days after receipt of such material or such shorter period as the Parties hereto may, from time to time, agree upon. LIFE COMPANY shall receive all such sales literature until such time as it appoints a designated agent by giving notice to SMFI in the manner required by Section 9 hereof. LIFE COMPANY or its designee reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which 10 LIFE COMPANY or any of its affiliates is named, and no such material shall be used if LIFE COMPANY or its designee so object. (d) Neither SMFI nor any of its affiliates will give any information or make any representations or statements on behalf of or concerning LIFE COMPANY, each Account, or the Contracts other than (i) the information or representations contained in the registration statement, including each Account Prospectus contained therein, relating to the Contracts, as such registration statement and Account Prospectus may be amended from time to time; or (ii) in published reports for the Account or the Contracts that are in the public domain and approved by LIFE COMPANY for distribution; or (iii) in sales literature or other promotional material approved by LIFE COMPANY or its affiliates, except with the express written permission of LIFE COMPANY. (e) SMFI shall cause its principal underwriter to adopt and implement procedures reasonably designed to ensure that information concerning LIFE COMPANY, and its respective affiliates that is intended for use only by brokers or agents selling the Contracts (i.e., information that is not intended for distribution to Participants) ("broker only materials") is so used, and neither LIFE COMPANY, nor any of its respective affiliates shall be liable for any losses, damages or expenses relating to the improper use of such broker only materials. (f) For purposes of this Section 4.6, the phrase "sales literature or other promotional material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic media, computerized media, or other public media, (e.g., on-line networks such as the Internet or other electronic messages), sales literature (i.e., any written or electronic communication distributed or made generally available to customers or the public, including, but not limited to, 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, registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under the NASD rules, the 1933 Act or the 1940 Act. (g) SMFI will provide the LIFE COMPANY with as much notice as is reasonably practicable of any proxy solicitation for any Fund, and of any change in the Fund's registration statement or prospectus, particularly any change resulting in a change to the registration statement or prospectus for any Account. SMFI will work with the LIFE COMPANY so as to enable the LIFE COMPANY to solicit proxies from Contract owners, or to make changes to its registration statement or prospectus, in an orderly manner. SMFI will make reasonable efforts to attempt to have changes effecting Contract prospectuses become effective simultaneously with the annual updates for such prospectuses.