Common use of Marketing and Sales Clause in Contracts

Marketing and Sales. a. Except as otherwise agreed to by the Company and the Wholesaler, the Wholesaler shall be responsible for the design and cost of all promotional, sales and advertising material relating to the Contracts, which include the marketing brochure, application, broker-dealer guide book, asset allocator worksheet and Prospectus covers. Prior to use with any member of the public, the Wholesaler shall provide to the Company copies of all promotional, sales and advertising material developed by the Wholesaler for the Company's review and written approval. Upon receipt of such material from the Wholesaler, the Company shall be given a reasonable amount of time to complete its review. The Company will respond on a prompt and timely basis in approving any such material. Failure to respond shall not relieve the Wholesaler of the obligation to obtain the prior written approval of the Company. In the event that the Company shall design any promotional, sales or advertising material relating to the Contracts, the Company shall provide to the Wholesaler copies of such material for the Wholesaler's review and written approval. Upon receipt of such material from the Company, the Wholesaler shall be given a reasonable amount of time to complete its review. The Wholesaler will respond on a prompt and timely basis in approving any such material. Failure to respond shall not relieve the Company of the obligation to obtain the prior written approval of the Wholesaler. The Underwriter shall be responsible for filing, as required, all promotional, sales or advertising material, whether developed by the Company, the Underwriter or the Wholesaler, with the NASD and any federal and state securities, governmental or regulatory agencies. The Company shall be responsible for filing, as required, such material, whether developed by the Company, the Underwriter or the Wholesaler, with any State insurance, governmental or regulatory agencies. Neither the Wholesaler nor the Wholesaler Agency Affiliates shall have any responsibility for any of the filings referred to in this paragraph. If any such promotional, sales or advertising material names the Fund or the Fund's investment adviser, the Company shall furnish such material to the Fund or the Fund's distributor (if other than the Wholesaler) prior to its use. Such material shall not be used unless written approval has been obtained from the Fund or the Fund's distributor. Failure of the Fund or the Fund's distributor to respond shall not relieve the Company or the Underwriter of the obligation to obtain the prior written approval of the Fund or the Fund's distributor.

Marketing and Sales. a. Except as otherwise agreed to by the Company and the Wholesaler, the Wholesaler shall be responsible for the design and cost of all promotional, sales and advertising material relating to the Contracts, which include the marketing brochure, application, broker-dealer guide book, asset allocator worksheet and Prospectus covers. Prior to use with any member of the public, the Wholesaler shall provide to the Company copies of all promotional, sales and advertising material developed by the Wholesaler for the Company's review and written approval. Upon receipt of such material from the Wholesaler, the Company shall be given a reasonable amount of time to complete its review. The Company will respond on a prompt and timely basis in approving any such material. Failure to respond shall not relieve the Wholesaler of the obligation to obtain the prior written approval of the Company. In the event that the Company shall design any promotional, sales or advertising material relating to the Contracts, the Company shall provide to the Wholesaler copies of such material for the Wholesaler's review and written approval. Upon receipt of such material from the Company, the Wholesaler shall be given a reasonable amount of time to complete its review. The Wholesaler will respond on a prompt and timely basis in approving any such material. Failure to respond shall not relieve the Company of the obligation to obtain the prior written approval of the Wholesaler. The Underwriter shall be responsible for filing, as required, all promotional, sales or advertising material, whether developed by the Company, the Underwriter or the Wholesaler, with the NASD and any federal and state securities, governmental or regulatory agencies. The Company shall be responsible for filing, as required, such material, whether developed by the Company, the Underwriter or the Wholesaler, with any State state insurance, governmental or regulatory agencies. Neither the Wholesaler nor the Wholesaler Agency Affiliates shall have any responsibility for any of the filings referred to in this paragraph. If any such promotional, sales or advertising material names the Fund or the Fund's investment adviser, the Company shall furnish such material to the Fund or the Fund's distributor (if other than the Wholesaler) prior to its use. Such material shall not be used unless written approval has been obtained from the Fund or the Fund's distributor. Failure of the Fund or the Fund's distributor to respond shall not relieve the Company or the Underwriter of the obligation to obtain the prior written approval of the Fund or the Fund's distributor.

Marketing and Sales. a. Except as otherwise agreed to by the The Company and the Wholesaler, the Wholesaler shall be responsible for the design and cost of all initial promotional, sales and advertising material relating to the Contracts, which include the marketing brochure, application, broker-dealer guide book, and asset allocator worksheet and Prospectus coversworksheet. Prior to use with any member of the public, the Wholesaler Company shall provide to the Company Distributor copies of all promotional, sales and advertising material developed by the Wholesaler Company for the Distributor's review and written approval. Upon receipt of such material from the Company, the Distributor shall be given a reasonable amount of time to complete its review. The Distributor will respond on a prompt and timely basis in approving any such material. Failure to respond shall not relieve the Company of the obligation to obtain the prior written approval of the Distributor. In the event that the Distributor shall design any promotional, sales or advertising material relating to the Contracts, the Distributor shall provide to the Company copies of such material for the Company's review and written approval. Upon receipt of such material from the WholesalerDistributor, the Company shall be given a reasonable amount of time to complete its review. The Company will respond on a prompt and timely basis in approving any such material. Failure to respond shall not relieve the Wholesaler Distributor of the obligation to obtain the prior written approval of the Company. In the event that the Company shall design any promotional, sales or advertising material relating to the Contracts, the Company shall provide to the Wholesaler copies of such material for the Wholesaler's review and written approval. Upon receipt of such material from the Company, the Wholesaler shall be given a reasonable amount of time to complete its review. The Wholesaler will respond on a prompt and timely basis in approving any such material. Failure to respond shall not relieve the Company of the obligation to obtain the prior written approval of the Wholesaler. The Underwriter shall be responsible for filing, as required, all promotional, sales or advertising material, whether developed by the Company, the Underwriter or the WholesalerDistributor, with the NASD and any federal and state securities, securities governmental or regulatory agencies. The Company shall be responsible for filing, as required, such material, whether developed by the Company, the Underwriter or the WholesalerDistributor, with any State insurance, state insurance governmental or regulatory agencies. Neither the Wholesaler Distributor nor the Wholesaler Distributor Agency Affiliates shall have any responsibility for any of the filings referred to in this paragraph. If any such promotional, sales or advertising material names the Fund or the Fund's investment adviser, the Company shall furnish such material to the Fund or the Fund's distributor (if other than the WholesalerDistributor) prior to its use. Such material shall not be used unless written approval has been obtained from the Fund or the Fund's distributor. Failure of the Fund or the Fund's distributor to respond shall not relieve the Company or the Underwriter of the obligation to obtain the prior written approval of the Fund or the Fund's distributor.

Marketing and Sales. a. Except as otherwise agreed to by the Company Companies and the Wholesaler, the Wholesaler shall be responsible for the design, the cost of the design work and cost the printing costs of all promotional, sales and advertising material relating to the Contracts, which include the marketing brochure, application, broker-dealer guide book, asset allocator worksheet and Prospectus covers. Prior to use with any member of the public, the Wholesaler shall provide to the Company Companies copies of all promotional, sales and advertising material developed by the Wholesaler for the Company's Companies' review and written approval. Upon receipt of such material from the Wholesaler, the Company Companies shall be given a reasonable amount of time to complete its their review. The Company Companies will respond on a prompt and timely basis in approving any such material. Failure to respond shall not relieve the Wholesaler of the obligation to obtain the prior written approval of the CompanyCompanies. In the event that the Company Companies shall design any promotional, sales or advertising material relating to the Contracts, the Company Companies shall provide to the Wholesaler copies of such material for the Wholesaler's review and written approval. Upon receipt of such material from the CompanyCompanies, the Wholesaler shall be given a reasonable amount of time to complete its review. The Wholesaler will respond on a prompt and timely basis in approving any such material. Failure to respond shall not relieve the Company Companies of the obligation to obtain the prior written approval of the Wholesaler. The Underwriter Wholesaler shall be responsible for filing, as required, all promotional, sales or advertising material, whether developed by the CompanyWholesaler, the Underwriter Companies or the WholesalerUnderwriter, with the NASD and any federal and state securities, governmental or regulatory agencies. The Company Companies shall be responsible for filing, as required, such material, whether developed by the CompanyWholesaler, the Underwriter Companies or the WholesalerUnderwriter, with any State insurance, governmental or regulatory agencies. Neither the Wholesaler nor the Wholesaler Agency Affiliates shall have any responsibility for any of the filings referred to in this paragraphstate insurance department. If any such promotional, sales or advertising material names the Fund or the Fund's investment adviser, the Company Companies shall furnish such material to the Fund or the Fund's distributor (if other than the Wholesaler) prior to its use. Such material shall not be used unless written approval has been obtained from the Fund or the Fund's distributor. Failure of the Fund or the Fund's distributor to respond shall not relieve the Company Companies or the Underwriter of the obligation to obtain the prior written approval of the Fund or the Fund's distributor.