Common use of Use of Summary Prospectus Clause in Contracts

Use of Summary Prospectus. a. The LIFE COMPANY may not alter any material provided by the TRUST, the ADVISER or the DISTRIBUTOR pursuant to this Section without the prior written consent of the TRUST or the ADVISER or the DISTRIBUTOR. b. Except as provided below in this Section 2.b., the LIFE COMPANY shall deliver (or arrange for delivery of) a Summary Prospectus for each Fund in compliance with Rule 498, including but not limited to the greater prominence provisions, and allocation of expenses for delivery shall be under the same terms and circumstances agreed to in the Participation Agreement. The LIFE COMPANY, in its sole discretion, reserves the right to deliver the Statutory Prospectus in place of the Summary Prospectus. c. The LIFE COMPANY may, in its sole discretion, bind or bundle together the Summary Prospectuses or Statutory Prospectuses for the Funds with Summary Prospectuses and Statutory Prospectuses for other investment options under the Contract and the Contract Prospectus(es) (all together, “Bound Volume”) as long as such binding or bundling is done in compliance with Applicable Law, including Rule 498 and any applicable guidance received from the SEC or from the SEC Staff thereunder. If a Summary Prospectus is delivered, this provision shall supersede applicable provisions in the Participation Agreement regarding bundling of prospectuses. d. The LIFE COMPANY shall be permitted, but not required, in its sole discretion, to post a copy of the TRUST’s Statutory Prospectuses and/or Summary Prospectuses on the LIFE COMPANY’s Web site. e. The TRUST shall maintain the Fund Documents Web Site in compliance with the applicable requirements of Rule 498. f. Any web site address provided in the Summary Prospectus shall be specific enough to lead Contract Owners or prospective Contract Owners directly and exclusively to the Summary Prospectus that is dedicated for use by the LIFE COMPANY’s Contract Owners and the Fund Documents Web Site shall not furnish a hyperlink to any other web site address unrelated to the Summary Prospectus. g. If at any point the TRUST determines that it no longer wishes to utilize the Summary Prospectus delivery option, the TRUST must provide the LIFE COMPANY with at least sixty (60) days advance written notice of this intent so that the LIFE COMPANY can arrange to deliver a Statutory Prospectus in place of a Summary Prospectus in compliance with this Amendment, and to reprint any Bound Volume required to be delivered. After the termination of any notice period provided to the LIFE COMPANY pursuant to this paragraph, the TRUST shall continue to maintain the Fund Documents Web Site in compliance with the requirements of this Amendment and Rule 498 for a minimum of 90 days, in order to comply with Rule 498(e)(l); provided, however, upon sixty (60) days prior notice to the LIFE COMPANY, the TRUST may discontinue maintenance of the Fund Documents Web Site and will be released from all related obligations regarding the Fund Documents Website described herein. In the event the LIFE COMPANY desires to maintain the Fund Documents Web Site going forward, the TRUST and the LIFE COMPANY shall enter into a written agreement specifying the terms of such arrangement.

Use of Summary Prospectus. a. The LIFE COMPANY may not alter any material provided by the TRUST, ,the ADVISER or the DISTRIBUTOR pursuant to this Section without the prior written consent of the TRUST or the ADVISER or the DISTRIBUTOR. b. Except as provided below in this Section 2.b., the LIFE COMPANY shall deliver (or arrange for delivery of) a Summary Prospectus for each Fund in compliance with Rule 498, including but not limited to the greater prominence provisions, and allocation of expenses for delivery shall be under the same terms and circumstances agreed to in the Participation Agreement. The LIFE COMPANY, in its sole discretion, reserves the right to deliver the Statutory Prospectus in place of the Summary Prospectus. c. The LIFE COMPANY may, in its sole discretion, bind or bundle together the Summary Prospectuses or Statutory Prospectuses for the Funds with Summary Prospectuses and Statutory Prospectuses for other investment options under the Contract and the Contract Prospectus(es) (all together, “Bound Volume”) as long as such binding or bundling is done in compliance with Applicable Law, including Rule 498 and any applicable guidance received from the SEC or from the SEC Staff thereunder. If a Summary Prospectus is delivered, this provision shall supersede applicable provisions in the Participation Agreement regarding bundling of prospectuses. d. The LIFE COMPANY shall be permitted, but not required, in its sole discretion, to post a copy of the TRUST’s Statutory Prospectuses and/or Summary Prospectuses on the LIFE COMPANY’s Web site. e. The TRUST shall maintain the Fund Documents Web Site in compliance with the applicable requirements of Rule 498. f. Any web site address provided in the Summary Prospectus shall be specific enough to lead Contract Owners or prospective Contract Owners directly and exclusively to the Summary Prospectus that is dedicated for use by the LIFE COMPANY’s Contract Owners and the Fund Documents Web Site shall not furnish a hyperlink to any other web site address unrelated to the Summary Prospectus. g. If at any point the TRUST determines that it no longer wishes to utilize the Summary Prospectus delivery option, the TRUST must provide the LIFE COMPANY with at least sixty (60) days advance written notice of this intent so that the LIFE COMPANY can arrange to deliver a Statutory Prospectus in place of a Summary Prospectus in compliance with this Amendment, and to reprint any Bound Volume required to be delivered. After the termination of any notice period provided to the LIFE COMPANY pursuant to this paragraph, the TRUST shall continue to maintain the Fund Documents Web Site in compliance with the requirements of this Amendment and Rule 498 for a minimum of 90 days, in order to comply with Rule 498(e)(l498(e)(1); provided, however, upon sixty (60) days prior notice to the LIFE COMPANY, the TRUST may discontinue maintenance of the Fund Documents Web Site and will be released from all related obligations regarding the Fund Documents Website described herein. In the event the LIFE COMPANY desires to maintain the Fund Documents Web Site going forward, the TRUST and the LIFE COMPANY shall enter into a written agreement specifying the terms of such arrangement.