Common use of Calculation of Performance Information Clause in Contracts

Calculation of Performance Information. The Adviser will be responsible for calculating the performance information for the Fund. The Insurer will be responsible for calculating the performance information for the Contracts. The Adviser will be liable to the Insurer for any material mistakes it makes in calculating the performance information for the Fund which cause losses to the Insurer. The Insurer will be liable to the Adviser for any material mistakes it makes in calculating the performance information for the Contracts which cause losses to the Adviser. Each Party will be liable for any material mistakes it makes in reproducing the performance information for the Contracts or the Fund, as appropriate. The Fund and the Adviser agree to provide the Insurer with performance information for the Fund on a timely basis to enable the Insurer to calculate performance information for the Contracts in accordance with applicable state and federal law.