Website Hosting and Notice Fee. (Expense Allocation). The Distributor (and/or the Trust) shall bear the costs of posting, maintaining and managing the Fund Documents on the website hosted by the Company and the costs of preparing and mailing notice of the availability of the Fund’s Reports to Contract Owners (the notices required by paragraph (c) of Rule 30e-3) through the payment of a semi-annual Website Hosting and Notice Fee to the Company.
Website Hosting and Notice Fee a. The Fund and/or Adviser and/or Underwriter, as appropriate, shall bear their proportional documented costs of managing, formatting, hosting and maintaining Fund’s Required Materials on the website hosted by the Company. The Fund and/or Adviser and/or Underwriter, as appropriate, shall also bear the documented cost of managing, formatting, hosting and distributing the Required Materials for electronic delivery.
b. The Fund and/or Adviser and/or Underwriter, as appropriate, shall bear their proportional documented costs of preparing and mailing the Notices of the availability of the Fund’s Reports to Contract Owners (the Notices required by paragraph (c) of Rule 30e-3).
c. In order for the Company to ensure that the Required Materials are kept current and posted for the duration or period required by Rules 30e-3 and 498A, and to facilitate a continuous offering of the Funds’ securities and Contracts, the Fund shall promptly provide to the Company any amendments to the Required Materials;
d. The Company shall make reasonable efforts to comply with the “safe harbor” provisions, terms and conditions of paragraph (b)(5) of Rule 30e-3 and paragraph (h)(4) of Rule 498A, which shall constitute compliance with subsections (a) through (c) of Section 1 of this Amendment (for the avoidance of doubt, for this purpose, the “Company” referred to in said paragraph (b)(5) and “Registrant” referred to in said paragraph (h)(4) of Rule 498A of Rule 30e-3 means the Company on behalf of the Accounts).
e. The Fund shall prepare and provide the Fund’s Statutory Prospectus and SAI in a format that permits persons accessing them to move directly back and forth between each section heading in a table of contents of such document and the section of the document referenced in that section heading (in accordance with paragraph (h)(2)(ii) of Rule 498A).
Website Hosting and Notice Fee. (Expense Allocation). The Company shall be solely responsible for all costs related to the website contemplated by this Amendment, including but not limited to the costs of posting, maintaining and managing the Fund Documents on the website hosted by the Company.
Website Hosting and Notice Fee. (Expense Allocation).
Website Hosting and Notice Fee. (Expense Allocation). The Fund and Lazard shall bear their proportional cost of (i) posting and maintaining the Fund Documents on the website hosted by the Insurance Company and (ii) preparing and mailing notices as required by paragraph (c) of Rule 30e-3 of the availability of certain Fund Documents to Contractholders. The Fund’s proportional cost is equal to the quotient of (a) divided by (b) multiplied by (c) where (a) is the total hosting and mailing expenses incurred by Insurance Company for all funds offered in its Separate Accounts, (b) is the total number of funds available across the Insurance Company’s Separate Accounts and (c) is the number of funds available across the Insurance Company’s Separate Accounts that are part of the Fund’s family (the “Website Hosting and Notice Fee”). The Insurance Company shall send the Fund and/or Lazard an invoice for the Website Hosting and Notice Fee on a quarterly basis and the Fund and/or Lazard shall pay the Website Hosting and Notice Fee to the Insurance Company within 15 business days after receipt of the invoice. From time to time, the Parties shall review the Website Hosting and Notice Fee to determine whether it reasonably approximates the Insurance Company’s incurred and anticipated costs of posting and maintaining the Fund’s Required Materials on the website hosted by the Insurance Company and preparing and mailing notices of the availability of the Fund’s Reports to Contractholders. The Parties agree to negotiate in good faith any change to the Website Hosting and Notice Fee proposed by a Party in good faith.
Website Hosting and Notice Fee. (Expense Allocation). The Fund shall bear their proportional cost of (i) posting and maintaining the Fund Documents on the website hosted by the Company and (ii) preparing and mailing notices as required by paragraph (c) of Rule 30e-3 of the availability of certain Fund Documents to Contract Owners. The Fund’s proportional cost is equal to the quotient of (a) divided by (b) multiplied by (c) where (a) is the total hosting and mailing expenses incurred by Company for all funds offered in its Accounts, (b) is the total number of funds available across the Company’s Accounts and (c) is the number of funds available across the Company’s Accounts that are part of the Fund’s family. The Fund shall pay the Website Hosting and Notice Fee to the Company within 15 business days after the end of the calendar quarter. From time to time, the Parties shall review the Website Hosting and Notice Fee to determine whether it reasonably approximates the Company’s incurred and anticipated costs of posting and maintaining the Fund’s Required Materials on the website hosted by the Company and preparing and mailing notices of the availability of the Fund’s Reports to Contract Owners. The Parties agree to negotiate in good faith any change to the Website Hosting and Notice Fee proposed by a Party in good faith.
Website Hosting and Notice Fee. (Expense Allocation). The Fund and the Underwriter shall bear their proportional cost of performance under the amendment in the same manner and to the same extent as each is responsible for the costs of delivering the Funds’ Shareholder reports and Prospectuses as specified in the Agreement.
Website Hosting and Notice Fee. (Expense Allocation). The Fund and the Underwriter shall bear their proportional cost of (i) posting and maintaining the Fund Documents on the website hosted by the Company and (ii) preparing and mailing notices as required by paragraph (c) of Rule 30e-3 of the availability of certain Fund Documents to Contract Owners. The Fund’s proportional cost is equal to the quotient of (a) divided by (b) multiplied by (c) where (a) is the total hosting and mailing expenses incurred by Company for all funds offered in its Accounts, (b) is the total number of funds available across the Company’s Accounts and (c) is the number of funds available across the Company’s Accounts that are part of the Fund’s family. After the end of each quarter, Company shall prepare and deliver an invoice, along with supporting data, sufficient to substantiate the amounts invoiced for applicable funds and share classes, to Underwriter for the fees due under this amendment, and Underwriter shall pay such invoiced amount, unless disputed in good faith, within 60 days following the receipt of the invoice. If an invoice is not received by Underwriter within six (6) months after the end of a quarter, the fees due and owing for such quarter shall be deemed forfeited and no longer due and owing. From time to time, the Parties shall review the fees to determine whether they reasonably approximate the Company’s incurred and anticipated costs. The Parties agree to negotiate in good faith any change to the fees proposed by a Party in good faith.
Website Hosting and Notice Fee. (Expense Allocation). The Fund and the Underwriter shall bear their proportional cost of (i) posting and maintaining the Fund Documents on the website hosted by the Company and (ii) preparing and mailing notices as required by paragraph (c) of Rule 30e-3 of the availability of certain Fund Documents to Contract Owners. The Fund’s proportional cost is equal to the quotient of (a) divided by (b) multiplied by (c) where (a) is the total hosting and mailing expenses incurred by Company for all funds offered in its Accounts, (b) is the total number of funds available across the Company’s Accounts and (c) is the number of funds available across the Company’s Accounts that are part of the Fund’s family. The Fund and/or the Underwriter shall pay the Website Hosting and Notice Fee to the Company within 15 business days after the end of the calendar quarter. From time to time, the Parties shall review the Website Hosting and Notice Fee to determine whether it reasonably approximates the Company’s incurred and anticipated costs of posting and maintaining the Fund’s Required Materials on the website hosted by the Company and preparing and mailing notices of the availability of the Fund’s Reports to Contract Owners. The Parties agree to negotiate in good faith any change to the Website Hosting and Notice Fee proposed by a Party in good faith.
Website Hosting and Notice Fee. (a) The Trust shall bear the costs of managing, formatting, hosting and maintaining the (i) Shareholder Reports and (ii) Portfolio Holdings on the website hosted by the Company. The Trust shall also bear the cost of managing, formatting, and hosting the (i) Shareholder Reports and (ii) Portfolio Holdings for electronic delivery.
(b) The Trust shall bear the costs of preparing the Notices of the availability of the Trust’s Shareholder Reports to Contract Owners (the Notices required by paragraph (c) of Rule 30e-3).
(c) In order for the Company to ensure that the Fund Documents are kept current and posted for the duration or period required by Rule 30e-3 and paragraph (h) of Rule 498A, the Trust shall promptly provide to the Company any amendments to the Fund Documents;
(d) the Company shall make reasonable efforts to comply with the “safe harbor” provisions, terms and conditions of paragraph (b)(5) of Rule 30e-3, which shall constitute compliance with subsections (a) through (c) of Section 1 of this Amendment (for the avoidance of doubt, for this purpose, the “Company” referred to in said paragraph (b)(5) of Rule 30e-3 means the Company on behalf of the Accounts).
