Common use of OWNERSHIP OF THE ASSETS Clause in Contracts

OWNERSHIP OF THE ASSETS. GIAC shall have ownership and control of its assets, including all assets allocated to Account R. Inactive Contract We may terminate the contract by paying the Owner the Accumulation Value in one sum, if prior to the Annuity Commencement Date all of the following occur: • no premium payments are made for two consecutive years; • the total amount of premium payments made, less any withdrawals, is less than $2,000; • the Accumulation Value on or after the end of such two year period is less than $2,000; and • we notified you in writing that this contract is inactive and subject to termination and on the date 6 months following the date of this notice you have not made any premium payments to bring either your total premium payments less withdrawals, or your Accumulation Value to $2,000. Taxes We will not be responsible for any tax consequences arising out of any transactions or ownership of this contract. Compliance with Section 72(s) of the Internal Revenue Code Notwithstanding any provision in this contract to the contrary, in the event of a Non-Natural Owner we may take any action regarding the payment of any benefits or distributions so that the contract conforms with the requirements of Section 72(s) of the Code. Deferment We will ordinarily pay any death benefit, transfers, annuity payments, withdrawal or surrender proceeds from the Variable Investment Options within seven days after the Valuation Date on which we receive your request in Good Order at our Customer Service Office. However, we may defer payment of any such transaction from the Variable Investment Options if: • the New York Stock Exchange, or its successor, is closed for trading; or • the Securities and Exchange Commission restricts trading on the New York Stock Exchange, or its successor or determines that a state of emergency exists which may make such calculation, payment or transfer impracticable; or • a premium payment check has not cleared the payee’s bank; or • the Securities and Exchange Commission by order permits such deferral. When permitted by law, we may defer any fixed annuity payment from our general account for up to 6 months. Interest will accrue daily, starting on the date deferment begins, at the rate of 3% on any amount deferred 30 days or more.

OWNERSHIP OF THE ASSETS. GIAC shall have ownership and control of its assets, including all assets allocated to Account R. Inactive Contract We may terminate the contract by paying the Owner the Accumulation Value in one sum, if prior to the Annuity Commencement Date all of the following occurDate: • no premium payments are made for two consecutive years; • the total amount of premium payments made, less any withdrawals, is less than $2,000; • the Accumulation Value on or after the end of such two year period is less than $2,000; and • we notified you in writing that this contract is inactive and subject to termination and on the date 6 months following the date of this notice you have not made any premium payments to bring either your total premium payments less withdrawals, or your Accumulation Value to $2,000. Taxes We will not be responsible for any tax consequences arising out of any transactions or ownership of this contract. Compliance with Section 72(s) of the Internal Revenue Code Notwithstanding any provision in this contract to the contrary, in the event of a Non-Natural Owner we may take any action regarding the payment of any benefits or distributions so that the contract conforms with the requirements of Section 72(s) of the Code. Deferment We will ordinarily pay any death benefit, transfers, annuity payments, withdrawal or surrender proceeds from the Variable Investment Options within seven days after the Valuation Date on which we receive your request in Good Order at our Customer Service Office. However, we may defer payment of any such transaction from the Variable Investment Options if: • the New York Stock Exchange, or its successor, is closed for trading; or • the Securities and Exchange Commission restricts trading on the New York Stock Exchange, or its successor or determines that a state of emergency exists which may make such calculation, payment or transfer impracticable; or • a premium payment check has not cleared the payee’s bank; or • the Securities and Exchange Commission by order permits such deferral. When permitted by law, we may defer any fixed annuity payment from our general account for up to 6 monthsmonths after written request for such payment is due. Interest will accrue daily, starting on the date deferment begins, at the rate of 3% on any amount deferred 30 days or more.. Reports to the Owner We will provide a written report to the Owner at least once each contract year while this contract has an Accumulation Value. We will also provide a written confirmation to you when any annuity payments are made under this contract. The annual report will include the following information as of the most recent Contract Anniversary: • the Accumulation Value; and • the Surrender Value. The report will also include any other information required by the jurisdiction in which this contract is delivered. 09-IVA Page 25 The Guardian Insurance & Annuity Company, Inc. A Stock Company Incorporated in the State of Delaware Customer Service Office: P.O. Box 26210 Lehigh Valley, PA 18002-6210 Individual Flexible Premium Deferred Variable Annuity Contract • Premiums payable before the Annuity Commencement Date, in accordance with contract provisions • Annuity payments begin on the Annuity Commencement Date • Benefits based on the investment experience of a Separate Account are variable and are not guaranteed • Non-participating - No dividends payable

OWNERSHIP OF THE ASSETS. GIAC shall have ownership and control of its assets, including all assets allocated to Account R. Inactive Contract We may terminate the contract by paying the Owner the Accumulation Value in one sum, if prior to the Annuity Commencement Date all of the following occur: • no premium payments are made for two consecutive years; • the total amount of premium payments made, less any withdrawals, is less than $2,000; • the Accumulation Value on or after the end of such two year period is less than $2,000; and • we notified you in writing that this contract is inactive and subject to termination and on the date 6 months following the date of this notice you have not made any premium payments to bring either your total premium payments less withdrawals, or your Accumulation Value to $2,000. Taxes We will not be responsible for any tax consequences arising out of any transactions or ownership of this contract. Compliance with Section 72(s) of the Internal Revenue Code Notwithstanding any provision in this contract to the contrary, in the event of a Non-Natural Owner we may take any action regarding the payment of any benefits or distributions so that the contract conforms with the requirements of Section 72(s) of the Code. Deferment We will ordinarily pay any death benefit, transfers, annuity payments, withdrawal or surrender proceeds from the Variable Investment Options within seven days after the Valuation Date on which we receive your request in Good Order at our Customer Service Office. However, we may defer payment of any such transaction from the Variable Investment Options if: • the New York Stock Exchange, or its successor, is closed for trading; or • the Securities and Exchange Commission restricts trading on the New York Stock Exchange, or its successor or determines that a state of emergency exists which may make such calculation, payment or transfer impracticable; or • a premium payment check has not cleared the payee’s bank; or • the Securities and Exchange Commission by order permits such deferral. When permitted by law, we may defer any fixed annuity payment from our general account for up to 6 months. Interest will accrue daily, starting on the date deferment begins, at the rate of 3% on any amount deferred 30 days or more.or

OWNERSHIP OF THE ASSETS. GIAC shall have ownership and control of its assets, including all assets allocated to Account R. Inactive Contract We may terminate the contract by paying the Owner the Accumulation Value in one sum, if prior to the Annuity Commencement Date all of the following occurDate: • no premium payments are made for two consecutive years; • the total amount of premium payments made, less any withdrawals, is less than $2,000; • the Accumulation Value on or after the end of such two year period is less than $2,000; and • we notified you in writing that this contract is inactive and subject to termination and on the date 6 months following the date of this notice you have not made any premium payments to bring either your total premium payments less withdrawals, or your Accumulation Value to $2,000. Taxes We will not be responsible for any tax consequences arising out of any transactions or ownership of this contract. Compliance with Section 72(s) of the Internal Revenue Code Notwithstanding any provision in this contract to the contrary, in the event of a Non-Natural Owner we may take any action regarding the payment of any benefits or distributions so that the contract conforms with the requirements of Section 72(s) of the Code. Deferment We will ordinarily pay any death benefit, transfers, annuity payments, withdrawal or surrender proceeds from the Variable Investment Options within seven days after the Valuation Date on which we receive your request in Good Order at our Customer Service Office. However, we may defer payment of any such transaction from the Variable Investment Options if: • the New York Stock Exchange, or its successor, is closed for trading; or • the Securities and Exchange Commission restricts trading on the New York Stock Exchange, or its successor or determines that a state of emergency exists which may make such calculation, payment or transfer impracticable; or • a premium payment check has not cleared the payee’s bank; or • the Securities and Exchange Commission by order permits such deferral. When permitted by law, we may defer any fixed annuity payment from our general account for up to 6 monthsmonths after written request for such payment is due. Interest will accrue daily, starting on the date deferment begins, at the rate of 3% on any amount deferred 30 days or more.. Reports to the Owner We will provide a written report to the Owner at least once each contract year without charge while this contract has an Accumulation Value. We will also provide a written confirmation to you when any annuity payments are made under this contract. The annual report will include the following information as of the most recent Contract Anniversary: • the beginning and end dates of the current reporting period; • the Accumulation Value at the beginning and end of the reporting period; • the amounts credited and withdrawn from the Accumulation Value during the reporting period; and • the Surrender Value. The report will also include any other information required by the jurisdiction in which this contract is delivered. Individual Flexible Premium Deferred Variable Annuity Contract • Premiums payable before the Annuity Commencement Date, in accordance with contract provisions • Annuity payments begin on the Annuity Commencement Date • Benefits based on the investment experience of a Separate Account are variable and are not guaranteed • Non-participating - No dividends payable