Common use of Transmittal of Portfolio Information Clause in Contracts

Transmittal of Portfolio Information. With respect to each Portfolio, ------------------------------------ the Fund will provide the Company with (i) the Share Price determined as of the Close of Trading on each Business Day; (ii) dividend and capital gains distribution information on ex-date; and (iii) in the case of fixed income and money market Portfolios which declare dividends daily, the daily accrual interest rate factor. The Fund will use its best efforts to communicate such information to the Company or its designee by 7:00 p.m. Eastern Time each Business Day; however, the Fund reserves the right to communicate the Share Price at a time later than 7:00 p.m. Eastern Time due to extraordinary or unforeseen circumstances. In the event that the Fund is unable to meet the 7:00 p.m. time stated immediately above, then the Fund shall provide the Company with additional time to notify the Fund of purchase or redemption orders pursuant to this Agreement; provided however, that notification must be made by 10:30 a.m. Eastern time on the Business Day such order is to be executed, regardless of when an asset value is made available. If the Fund provides materially incorrect net asset value per share ("NAV") information to the Company, through no fault of the Company, the Account(s) shall be entitled to an adjustment with respect to the Portfolio shares purchased or redeemed to reflect the correct NAV. The determination of the circumstances that require such an adjustment of Portfolio shares shall be consistent with the Securities and Exchange Commission's informal position regarding correction of NAV errors, as expressed by senior staff members from time to time ("Staff Guidelines"). The Fund agrees to provide the Company with prompt notice of any material error in NAV information that requires an adjustment of Portfolio shares maintained in the Account(s). The correction of any material NAV error shall be made by the Fund at the Account level and shall be carried out in accordance with Staff Guidelines regarding such errors. The Company and the Fund agree to use reasonable efforts to take such action as may be appropriate to avoid or mitigate costs or losses related to the correction of NAV information.

Transmittal of Portfolio Information. With respect to each Portfolio, ------------------------------------ the Fund will provide the Company with (i) the Share Price determined as of the Close of Trading on each Business Day; (ii) dividend and capital gains distribution information on ex-date; date and (iii) in the case of fixed income and money market Portfolios which declare dividends daily, the daily accrual interest rate factor. The Fund will use its best efforts to communicate such information to the Company or its designee by 7:00 p.m. Eastern Time each Business Day; however, the Fund reserves the right to communicate the Share Price at a time later than 7:00 p.m. Eastern Time due to extraordinary or unforeseen circumstances. In the event that the Fund is unable to meet the 7:00 p.m. time stated immediately above, then the Fund shall provide the Company with additional time to notify the Fund of purchase or redemption orders pursuant to this Agreement; provided however, that notification must be made by 10:30 a.m. Eastern time Time on the Business Day such order is to be executed, regardless of when an asset value is made available. If the Fund provides materially incorrect net asset value per share ("NAV") information to the Company, through no fault of the Company, the Account(s) shall be entitled to an adjustment with respect to the Portfolio shares purchased or redeemed to reflect the correct NAV. The determination of the circumstances that require such an adjustment of Portfolio shares shall be consistent with the Securities and Exchange Commission's informal position regarding correction of NAV errors, as expressed by senior staff members from time to time ("Staff Guidelines"). The Fund agrees to provide the Company with prompt notice of any material error in NAV information that requires an adjustment of Portfolio shares maintained in the Account(s). The correction of any material NAV error shall be made by the Fund at the Account level and shall be carried out in accordance with Staff Guidelines regarding such errors. The Company and the Fund agree to use reasonable efforts to take such action as may be appropriate to avoid or mitigate costs or losses related to the correction of NAV information.