Performance Information. The Distributor shall be responsible for calculating the performance information for the Funds. The Company shall be responsible for calculating the performance information for the Contracts. The Distributor shall be liable to the Company for any material mistakes it makes in calculating the performance information for the Funds which cause losses to the Company. The Company shall be liable to the Distributor for any material mistakes it makes in calculating the performance information for the Contracts which cause losses to the Distributor. Each party shall be liable for any material mistakes it makes in reproducing the performance information for Contracts or the Funds, as appropriate. The Trust and the Distributor agree to provide the Company with performance information for the Funds on a timely basis to enable the Company to calculate performance information for the Contracts in accordance with applicable state and federal law.
Appears in 5 contracts
Sources: Participation Agreement (Riversource Variable Life Separate Account), Participation Agreement (American Express Platinum Variable Annuity Sm), Participation Agreement (Ids Life Variable Account 10)