Common use of Limitations on Use of Information Clause in Contracts

Limitations on Use of Information. The Fund agrees not to use the information received pursuant to this Amendment for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws. If a party to this Amendment becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. The Fund agrees to indemnify and hold harmless the Insurance Company from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from a third party claim or action brought against the Insurance Company as a result of the Fund’s unauthorized disclosure of a Shareholders TIN, ITIN, GII or the contract number(s) associated with such Shareholder provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of Intermediary.

Limitations on Use of Information. (a) The Fund agrees not to use the information received pursuant to this Amendment Supplemental Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws. If a party to this Amendment Supplemental Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment Supplemental Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. . (b) The Fund agrees to indemnify and hold harmless the Insurance Company Intermediary from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from in connection with a third party claim or action brought against the Insurance Company Intermediary as a result of any unauthorized disclosure by the Fund’s unauthorized disclosure , its designees or agents of a Shareholders Contract owner’s TIN, ITIN, GII or the contract number(s) associated with such Shareholder owner provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediarySupplemental Agreement.

Limitations on Use of Information. (a) The Fund Underwriter agrees not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state lawslaws unless otherwise agreed to in writing by the Company. If a party to this Amendment Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund Underwriter in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. . (b) The Fund agrees Underwriter agree to indemnify and hold harmless the Insurance Company from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from a in connection with any third party claim or action brought against the Insurance Company as a result of the Fund’s any unauthorized disclosure of a Shareholders Contract Owner’s TIN, ITIN, GII GII, or the other contract number(s) associated with such Shareholder owner provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryAgreement.

Limitations on Use of Information. The (a) USBFS, SIP and the Fund agrees agree not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws. If a party to this Amendment Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. The . (b) USBFS, SIP and the Fund agrees agree to indemnify and hold harmless the Insurance Company Intermediary from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from in connection with a third party claim or action brought against the Insurance Company Intermediary as a result of the Fund’s any unauthorized disclosure of a Shareholders Contract owner’s TIN, ITIN, GII on or the contract number(s) associated with such Shareholder owner provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryAgreement.

Limitations on Use of Information. (a) The Fund Underwriter agrees not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state lawslaws unless otherwise agreed to in writing by the Company. If a party to this Amendment Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund Underwriter in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. . (b) The Fund agrees Underwriter agree to indemnify and hold harmless the Insurance Company from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from a in connection with any third party claim or action brought against the Insurance Company as a result of the Fund’s any unauthorized disclosure of a Shareholders Contract Owner’s TIN, ITIN, GII 011, or the other contract number(s) associated with such Shareholder owner provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryAgreement.

Limitations on Use of Information. The (a) USBFS, SIP and the Fund agrees agree not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws. If a party to this Amendment Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. The . (b) USBFS, SIP and the Fund agrees agree to indemnify and hold harmless the Insurance Company Intermediary from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from in connection with a third party claim or action brought against the Insurance Company Intermediary as a result of the Fund’s any unauthorized disclosure of a Shareholders Contract owner’s TIN, ITIN, GII or the contract number(s) associated with such Shareholder owner provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryAgreement.

Limitations on Use of Information. (a) The Fund agrees not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public public Law 106-102) and comparable state laws, unless otherwise agreed to by the Company. If a party to this Amendment Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. . (a) The Fund Underwriter agrees to indemnify and hold harmless the Insurance Company from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from in connection with a third party claim or action brought against the Insurance Company as a result of the Fund’s any unauthorized disclosure of a Shareholders Contract Owner’s TIN, ITIN, or GII or the contract number(s) associated with such Shareholder provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryAgreement.

Limitations on Use of Information. (a) The Fund agrees not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇ ▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws, unless otherwise agreed to by the Company. If a party to this Amendment Agreement becomes aware of any unauthorized access, use or disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with will all relevant laws, rules and regulations. (b) ▇▇▇▇▇▇▇ Fund Services Company, as transfer agent for the fund, has a written agreement in place with any designee under this agreement which includes provisions substantially similar to 1.6(a) and which obligates such designee to undertake the same responsibilities as the Fund with respect to the Company and any information provided by the Company. The Fund will promptly notify the Company if it fails to maintain such an agreement with its designee. (c) The Fund agrees to indemnify and hold harmless the Insurance Company from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly resulting from RCN 11-7-08 a third party claim or action brought against the Insurance Company as a result of the Fund’s m which an independent determination that unauthorized disclosure by the Fund (or its designee) of a Shareholders Shareholder’s TIN, ITIN, or GII or the contract number(s) associated with such Shareholder provided to the Fund (or its designee) in response to a the Fund’s request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced Agreement caused a loss to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryCompany.

Limitations on Use of Information. The Fund agrees not to use the information received pursuant to this Amendment for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws. If a party to this Amendment becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. The Fund agrees to indemnify and hold harmless the Insurance Company from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from a third party claim or action brought against the Insurance Company as a result of the Fund’s unauthorized disclosure of a Shareholders TIN, ITIN, GII or the contract number(s) associated with such Shareholder provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, ..claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of Intermediary.

Limitations on Use of Information. (a) The Fund agrees not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws, unless otherwise agreed to by the Company. If a party to this Amendment Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. . (b) The Fund agrees to indemnify and hold harmless the Insurance Company from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly resulting from a third party claim or action brought against the Insurance Company as a result of the Fund’s in which an independent determination that unauthorized disclosure by the Funds of a Shareholders Shareholder’s TIN, ITIN, or GII or the contract number(s) associated with such Shareholder provided to the Fund in response to a the Fund’s request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced Agreement caused a loss to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryCompany.

Limitations on Use of Information. (a) The Fund agrees not to use the information received pursuant to this Amendment Supplemental Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws. If a party to this Amendment Supplemental Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment Supplemental Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. . (b) The Fund agrees to indemnify and hold harmless the Insurance Company Intermediary from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from in connection with a third party claim or action brought against the Insurance Company Intermediary as a result of any unauthorized disclosure by the Fund’s unauthorized disclosure , its designees or agents of a Shareholders Contract owner’s TIN, ITIN, GII 011 or the contract number(s) associated with such Shareholder owner provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediarySupplemental Agreement.

Limitations on Use of Information. The (a) USBFS, SIP and the Fund agrees agree not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws. If a party to this Amendment Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. The . (b) USBFS, SIP and the Fund agrees agree to indemnify and hold harmless the Insurance Company Intermediary from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from in connection with a third party claim or action brought against the Insurance Company Intermediary as a result of the Fund’s any unauthorized disclosure of a Shareholders Contract owner’s TIN, ITIN, GII Gll or the contract number(s) associated with such Shareholder owner provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryAgreement.

Limitations on Use of Information. (a) The Fund agrees not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws, unless otherwise agreed to by the Company. If a party to this Amendment Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. . (b) The Fund agrees to indemnify and hold harmless the Insurance Company from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from in connection with a third party claim or action brought against the Insurance Company as a result of the Fund’s any unauthorized disclosure of a Shareholders Shareholder’s TIN, ITIN, or GII or the contract number(s) associated with such Shareholder provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryAgreement.

Limitations on Use of Information. The Fund Underwriter agrees not to use the information received under this Section 2.14 for marketing or any other similar purpose without the prior written consent of the Company; provided, however, that this provision shall not limit the use of publicly available information, information already in the possession of the Underwriter, a Fund or their affiliates at the time the information is received pursuant to this Amendment Section 2.14 or information which comes into the possession of the Underwriter, a Fund or their affiliates from a third party. The Underwriter shall not use any of the information provided pursuant to this Agreement (“Product Owner Information”) for any purpose other than as necessary to comply with the provisions of 1940 Act Rule 22c-2 22c-2. The Underwriter will hold all Product Owner Information in confidence and will not disclose any of such information to any other person without the prior written consent of the Company except as required by law, regulation or court order or a requested by a governmental agency or body or regulatory body having jurisdiction over the Underwriter. The Underwriter warrants and represents that it has developed and implemented and will maintain appropriate policies and procedures (which shall be no less rigorous than the policies and procedures used by the Underwriter to fulfill other regulatory or legal requirements subject safeguard the confidential information of their own individual customers pursuant to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102Act) relating to administrative, technical, and comparable state laws. If a party to this Amendment becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: physical safeguards (i) notify to ensure the other partyconfidentiality of Product Owner Information; (ii) investigate to protect against any anticipated threats or hazards to the circumstances relating to such actual security or suspected unauthorized access, use or disclosureintegrity of Product Owner Information; (iii) take commercially reasonable steps to mitigate the effects protect against unauthorized access to or use of such unauthorized access, use or disclosure and to prevent any reoccurrenceProduct Owner Information; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences dispose of Product Owner Information in compliance with applicable laws and any regulatory or legal requirements arising out of such unauthorized access, use or disclosureregulations; and (v) cooperate to provide appropriate training to all of its personnel handling Product Owner Information in connection with the other implementation of its information security policies and procedures. In the event the Underwriter discovers, is notified or has a reasonable basis to believe that any Product Owner Information has been acquired by a third party without proper authorization, the Underwriter will promptly notify the Company of such improper authorization, proceed as quickly as reasonably possible to further comply with all relevant laws, rules identify the nature and regulationsextent of the personal information breached and the customers involved and provide such information to the Company. The Fund agrees to Underwriter shall indemnify and hold harmless the Company and the owners of its Variable Insurance Company Products from any and against all liabilitylosses, claim, loss, demandclaims, damages, costs and expenses liabilities (including amounts paid in written settlement with the written consent of the Company and the Underwriter) or litigation (including legal and other reasonable attorney’s feesexpenses) arising directly from a third party claim or action brought against the Insurance Company to which they may become subject as a direct result of the Fund’s such unauthorized disclosure of a Shareholders TIN, ITIN, GII or the contract number(s) associated with such Shareholder provided to the Fund in response to a request for information pursuant to the terms acquisition. The provision of this Amendment; subsection will survive the termination of the Participation Agreement for such term as is provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under by applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of Intermediarystate law.

Limitations on Use of Information. The Fund agrees not neither to use the information received pursuant to this Amendment from the Intermediary for any purpose other than as necessary to comply with the provisions of SEC Rule 22c-2 or to fulfill and other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws. If a party to this Amendment becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant applicable laws, rules and regulations, nor to share the information with anyone other than its employees who legitimately need access to it. Neither the Fund nor any of its affiliates or subsidiaries may use any information provided pursuant to this Agreement for marketing or solicitation purposes. The Fund agrees will take such steps as are reasonably necessary to ensure compliance with this obligation. The Fund shall indemnify and hold the Intermediaries, individually and collectively, (and any of their respective directors, officers, employees, or agents) harmless the Insurance Company from any and all liability, claimdamages, loss, demandcost, damages, costs and expenses or liability (including reasonable attorney’s feeslegal fees and the cost of enforcing this indemnity) arising directly out of or resulting from a third party claim any unauthorized use of or action brought against disclosure by the Insurance Company as a result Fund of the Fund’s unauthorized disclosure information received from the Intermediaries pursuant to this Agreement. In addition, because an award of a Shareholders TIN, ITIN, GII or the contract number(s) associated with such Shareholder provided to the Fund in response to a request for information money damages (whether pursuant to the terms foregoing sentence or otherwise) may be inadequate for any breach of this Amendment; provided provision and any such breach may cause the Intermediaries irreparable harm, the Fund also agrees that, in the event of any breach or threatened breach of this provision, the Intermediaries will also be entitled, without the requirement of posting a bond or other security, to seek equitable relief, including injunctive relief and specific performance. Such remedies will not be the exclusive remedies for any breach of this provision but will be in addition to all other remedies available at law or in equity to the Intermediaries. In the event that such unauthorized disclosure the Fund is the result of Fund’s misfeasancerequired by legal process, bad faithlaw, or gross negligence regulation to disclose any information received from the Intermediaries pursuant to this Agreement, the Fund shall provide Intermediaries with respect to its duties under applicable laws, and provided further prompt written notice of such requirement as far in advance of the proposed disclosure as possible so that the Fund’s obligations under Intermediaries (at their expense) may either seek a protective order or other appropriate remedy which is necessary to protect their interests or waive compliance with this section 15.1.3 shall be reduced provision to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of Intermediarynecessary.

Limitations on Use of Information. The (a) USBFS, SIP and the Fund agrees agree not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws. If a party to this Amendment Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. The . (b) USBFS, SIP and the Fund agrees agree to indemnify and hold harmless the Insurance Company Intermediary from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from in connection with a third party claim or action brought against the Insurance Company Intermediary as a result of the Fund’s any unauthorized disclosure of a Shareholders TINContract owner’s TJN, ITIN, GII or the contract number(s) associated with such Shareholder owner provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryAgreement.

Limitations on Use of Information. (a) The Fund Underwriter agrees not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state lawslaws unless otherwise agreed to in writing by the Company. If a party to this Amendment Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund Underwriter in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. . (b) The Fund agrees Underwriter agree to indemnify and hold harmless the Insurance Company from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from a in connection with any third party claim or action brought against the Insurance Company as a result of the Fund’s any unauthorized disclosure of a Shareholders Contract Owners TIN, ITIN, GII GII, or the other contract number(s) associated with such Shareholder owner provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryAgreement.

Limitations on Use of Information. (a) The Fund agrees not to use the information received pursuant to this Amendment Supplemental Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act (Public Law 106-102) and comparable state laws. If a party to this Amendment Supplemental Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund in response to a request for information pursuant to the terms of this Amendment Supplemental Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. . (b) The Fund agrees to indemnify and hold harmless the Insurance Company Intermediary from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from in connection with a third party claim or action brought against the Insurance Company Intermediary as a result of any unauthorized disclosure by the Fund’s unauthorized disclosure , its designees or agents of a Shareholders Contract owner’s TIN, ITIN, GII or the contract number(s) associated with such Shareholder owner provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediarySupplemental Agreement.

Limitations on Use of Information. (a) The Fund Underwriter agrees not to use the information received pursuant to this Amendment Agreement for any purpose other than as necessary to comply with the provisions of Rule 22c-2 or to fulfill other regulatory or legal requirements subject to the privacy provisions of Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act -BlileyAct (Public Law 106-102) and 102)and comparable state lawslaws unless otherwise agreed to in writing by the Company. If a party to this Amendment Agreement becomes aware of any disclosure to an unauthorized third party of any non-public personal financial information of a consumer provided or received by the Fund Underwriter in response to a request for information pursuant to the terms of this Amendment Agreement and determines that there is a reasonable likelihood of harm resulting from such disclosure, such party promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to such actual or suspected unauthorized access, use or disclosure; (iiidisclosure;(iii) take commercially reasonable steps to mitigate the effects of such unauthorized access, ,use or disclosure and to prevent any reoccurrence; (iv) provide to the other party such information regarding such unauthorized access, use or disclosure as is reasonably required for the other party to evaluate the likely consequences and any regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v) cooperate with the other party to further comply with all relevant laws, rules and regulations. . (b) The Fund agrees Underwriter agree to indemnify and hold harmless the Insurance Company from any and all liability, claim, loss, demand, damages, costs and expenses (including reasonable attorney’s fees) arising directly from a in connection with any third party claim or action brought against the Insurance Company as a result of the Fund’s any unauthorized disclosure of a Shareholders Contract Owner’s TIN, ITIN, GII GII, or the other contract number(s) associated with such Shareholder owner provided to the Fund in response to a request for information pursuant to the terms of this Amendment; provided that such unauthorized disclosure is the result of Fund’s misfeasance, bad faith, or gross negligence with respect to its duties under applicable laws, and provided further that the Fund’s obligations under this section 15.1.3 shall be reduced to the extent any such liability, claim, loss, demand, damages, costs or expenses result from the misfeasance, gross negligence, or willful misconduct of IntermediaryAgreement.