Common use of Defined Clause in Contracts

Defined. As used herein, AFD, Transfer Agent, CRMC, and the Series’ “Confidential Information” will mean all materials furnished by AFD, Transfer Agent, CRMC, or the Series whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”. As used herein, the Insurance Company “Confidential Information” will mean information or materials about the Insurance Company or any of its affiliates, whether or not proprietary to the Insurance Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFD, Transfer Agent, CRMC, or the Series from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFD, Transfer Agent, CRMC, or the Series from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information.

Appears in 9 contracts

Samples: Fund Participation and Service Agreement (Separate Account A), Fund Participation and Service Agreement (Separate Account No. 70), Fund Participation and Service Agreement (Separate Account A)

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Defined. As used herein, AFDthe Fund, Transfer Agent, CRMCthe Underwriter, and the Series’ Adviser’s “Confidential Information” will mean all materials furnished by AFDthe Fund, Transfer Agent, CRMCthe Underwriter, or the Series whether in writtenAdviser that are expressly identified or marked by the Fund, electronicthe Underwriter, visual or oral form, regardless of how transmitted, and whether or not marked the Adviser as “confidential” or “proprietary”. As used herein, the Insurance Company “Confidential Information” will mean information or materials about the Insurance Company or any of its affiliates, whether or not proprietary to the Insurance Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom therefrom. (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFDthe Fund, Transfer Agent, CRMCthe Underwriter, or the Series Adviser from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFDthe Fund, Transfer Agent, CRMCthe Underwriter, or the Series Adviser from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information.

Appears in 5 contracts

Samples: Participation Agreement (Equitable America Variable Account K), Participation Agreement (Separate Account Fp), Participation Agreement (Separate Account Fp)

Defined. As used herein, AFDthe Funds, the Advisor, the Distributor and the Transfer Agent, CRMC, and the Series’ ’s “Confidential Information” will mean all materials furnished by AFDthe Funds, Transfer Agentthe Advisor, CRMC, the Distributor or the Series whether in writtenTransfer Agent that are expressly identified or marked by the Funds, electronicthe Advisor, visual the Distributor or oral form, regardless of how transmitted, and whether or not marked the Transfer Agent as “confidential” or “proprietary”. As used herein, the Insurance Company “Confidential Information” will mean information or materials about the Insurance Company or any of its affiliates, whether or not proprietary to the Insurance Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, such as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFDthe Funds, Transfer Agentthe Advisor, CRMC, the Distributor or the Series Transfer Agent from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFDthe Funds, Transfer Agentthe Advisor, CRMC, the Distributor or the Series Transfer Agent from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information.

Appears in 3 contracts

Samples: Participation Agreement (Separate Account No. 70), Participation Agreement (Separate Account No. 70), Participation Agreement (Separate Account No. 70)

Defined. As used herein, AFD, Transfer Agent, CRMC, and the Series’ “Confidential Information” will mean all materials furnished by AFD, Transfer Agent, CRMC, or the Series whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”. As used herein, the Insurance Company Fund’s, the Distributor’s or the Company’s “Confidential Information” will mean information or materials about the Insurance Fund, the Distributor or the Company or any of its affiliates, whether or not proprietary to the Insurance Fund, the Distributor or the Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Fund, the Distributor or the Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom therefrom. (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFD, Transfer Agent, CRMC, the Fund or the Series Distributor from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFD, Transfer Agent, CRMC, or the Series Fund and the Distributor from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information.

Appears in 2 contracts

Samples: Participation Agreement (Separate Account No. 70), Participation Agreement (Equitable America Variable Account No.70A)

Defined. As used herein, AFDthe Trust, Transfer Agent, CRMCthe Advisor, and the Series’ Administrator’s “Confidential Information” will mean all materials furnished by AFDthe Trust, Transfer Agent, CRMCthe Advisor, or the Series whether in writtenAdministrator that are expressly identified or marked by the Trust, electronicthe Advisor, visual or oral form, regardless of how transmitted, and whether or not marked the Administrator as “confidential” or “proprietary”. As used herein, the Insurance Company “Confidential Information” will mean information or materials about the Insurance Company or any of its affiliates, whether or not proprietary to the Insurance Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom therefrom. (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFDthe Trust, Transfer Agent, CRMCthe Advisor, or the Series Administrator from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFDthe Trust, Transfer Agent, CRMCthe Advisor, or the Series Administrator from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information.

Appears in 1 contract

Samples: Participation Agreement (Separate Account No. 70 of AXA Equitable Life Insurance Co)

Defined. As used herein, AFD, Transfer Agent, CRMC, the Fund and the Series’ Underwriter’s “Confidential Information” will mean all materials furnished by AFD, Transfer Agent, CRMC, the Fund or the Series whether in written, electronic, visual Underwriter that are expressly identified or oral form, regardless of how transmitted, and whether marked by the Fund or not marked the Underwriter as “confidential” or “proprietary”. As used herein, the Insurance Company “Confidential Information” will mean information or materials about the Insurance Company or any of its affiliates, whether or not proprietary to the Insurance Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom therefrom. (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFD, Transfer Agent, CRMC, the Fund or the Series Underwriter from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFD, Transfer Agent, CRMC, or the Series Fund and the Underwriter from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information.

Appears in 1 contract

Samples: Participation Agreement (Separate Account No. 70 of AXA Equitable Life Insurance Co)

Defined. As used herein, AFDthe Fund, Transfer Agent, CRMCthe Advisor, and the Series’ Distributor’s “Confidential Information” will mean all materials furnished by AFDthe Fund, Transfer Agent, CRMCthe Advisor, or the Series whether in writtenDistributor that are expressly identified or marked by the Fund, electronicthe Advisor, visual or oral form, regardless of how transmitted, and whether or not marked the Distributor as “confidential” or “proprietary”. As used herein, the Insurance Company “Confidential Information” will mean information or materials about the Insurance Company or any of its affiliates, whether or not proprietary to the Insurance Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom therefrom. (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFDthe Fund, Transfer Agent, CRMCthe Advisor, or the Series Distributor from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFDthe Fund, Transfer Agent, CRMCthe Advisor, or the Series Distributor from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information.

Appears in 1 contract

Samples: Participation Agreement (Separate Account No. 70 of AXA Equitable Life Insurance Co)

Defined. As used herein, AFD, Transfer Agent, CRMC, the Fund and the Series’ Underwriter’s “Confidential Information” will mean all materials furnished by AFD, Transfer Agent, CRMC, the Fund or the Series whether in written, electronic, visual Underwriter that are expressly identified or oral form, regardless of how transmitted, and whether marked by the Fund or not marked “the Underwriter as ·‘confidential” or “proprietary”. As used herein, the Insurance Company “Confidential Information” will mean information or materials about the Insurance Company or any of its affiliates, whether or not proprietary to the Insurance Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom therefrom. (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFD, Transfer Agent, CRMC, the Fund or the Series Underwriter from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFD, Transfer Agent, CRMC, or the Series Fund and the Underwriter from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information.

Appears in 1 contract

Samples: Participation Agreement (Separate Account Fp of Axa Equitable Life Insurance Co)

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Defined. As used herein, AFD, Transfer Agent, CRMC, and . the Series’ Fund or the Advisor’s “Confidential Information” will mean all materials furnished by AFD, Transfer Agent, CRMC, the Fund or the Series whether in written, electronic, visual Advisor that are expressly identified or oral form, regardless of how transmitted, and whether marked by the Fund or not marked the Advisor as “confidential” or “proprietary”. As used herein, the Insurance Company “Confidential Information” will mean information or materials about the Insurance Company or any of its affiliates, whether or not proprietary to the Insurance Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, . business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom therefrom. (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFD, Transfer Agent, CRMC, the Fund or the Series Advisor from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFD, Transfer Agent, CRMC, the Fund or the Series Advisor from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information.

Appears in 1 contract

Samples: Participation Agreement (Separate Account No. 70 of AXA Equitable Life Insurance Co)

Defined. As used herein, AFD, Transfer Agent, CRMC, the Fund and the Series’ Distributor’s “Confidential Information” will mean all will mean information or materials furnished about the Fund and/or the Distributor or any of their affiliates, whether or not proprietary to the Fund and/or the Distributor or any of their affiliates, whether disclosed intentionally by AFDor acquired unintentionally from the Fund and/or the Distributor, Transfer Agentany affiliate, CRMCany of their other service providers, agents or representatives or any director, officer or employee of any of the Series foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary,” including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. As used herein, the Insurance Company “Confidential Information” will mean information or materials about the Insurance Company or any of its affiliates, whether or not proprietary to the Insurance Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, ,” including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, such as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom therefrom. (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFD, Transfer Agent, CRMC, the Fund or the Series Distributor from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFD, Transfer Agent, CRMC, or the Series Fund and the Distributor from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information.

Appears in 1 contract

Samples: Participation Agreement (Separate Account Fp)

Defined. As used herein, AFDThe Fund, Transfer Agent, CRMCthe Advisor, and the SeriesDistributor’ “Confidential Information” will mean all materials furnished by AFDthe Fund, Transfer Agent, CRMCthe Advisor, or the Series whether in writtenDistributor that are expressly identified or marked by The Fund, electronicthe Advisor, visual or oral form, regardless of how transmitted, and whether or not marked the Distributor as “confidential” or “proprietary”. As used herein, the Insurance Company “Confidential Information” will mean information or materials about the Insurance Company or any of its affiliates, whether or not proprietary to the Insurance Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom therefrom. (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFDthe Fund, Transfer Agent, CRMCthe Advisor, or the Series Distributor from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFDthe Fund, Transfer Agent, CRMCthe Advisor, or the Series Distributor from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information.

Appears in 1 contract

Samples: Participation Agreement (Separate Account No. 70)

Defined. As used herein, AFDthe Fund, Transfer Agent, CRMCthe Advisor, and the Series’ Distributor’s “Confidential Information” will mean all materials furnished by AFDthe Fund, Transfer Agent, CRMCthe Advisor, or the Series Distributor whether disclosed intentionally or unintentionally by the Fund, the Advisor and the Distributor, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, agents, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. As used herein, the Insurance Company “Confidential Information” will mean information or materials about the Insurance Company or any of its affiliates, whether or not proprietary to the Insurance Company or any of its affiliates, whether disclosed intentionally by or acquired unintentionally from the Insurance Company, any affiliate, any of its other service providers, agents or representatives or any director, officer or employee of any of the foregoing, whether in written, electronic, visual or oral form, regardless of how transmitted, and whether or not marked “confidential” or “proprietary”, including, without limitation information concerning past, present or prospective products, assets, services, systems, customers, employees, financial professionals, shareholders, agents, representatives, finances, books and/or records, business affairs and/or relationships, business plans, trade secrets, methods of operations, distribution and/or marketing strategies and/or procedures or other internal matters. The Insurance Company’s Confidential Information also includes any personal, financial or identifying information of an individual person including, without limitation, any past, present or prospective individuals who are customers, directors, officers, employees, financial professionals, shareholders, agents or representatives of the Insurance Company or any of its affiliates, such as name, address, telephone numbers, sex, age, social security number, account and/or employee numbers, finances, business, health, employment, credit standing, history, hobbies and personal relations and any list, description or other grouping directly or indirectly derived in whole or part therefrom therefrom. (collectively, “Personal Information”) and information, directly or indirectly, derived by or on behalf of AFD, Transfer Agent, CRMC, or the Series from the Insurance Company Confidential Information, using the Insurance Company Confidential Information exclusively or combined with other information, and information obtained by AFD, Transfer Agent, CRMC, or the Series from third parties to expand upon, support or elucidate the Insurance Company’s Confidential Information and summaries and analyses of or involving the Insurance Company’s Confidential Information).

Appears in 1 contract

Samples: Fund Participation Agreement (Separate Account Fp)

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