Price Errors. With respect to NAV information, Janus Services shall make the determination as to whether an error in NAV has occurred and is a material error, as defined in current SEC guidelines, and Janus Services shall control its correction of such error in accordance with SEC guidelines and its own internal policies. In no event shall delays in providing prices due to conditions beyond the control of Janus Services, such as acts of God, fires, electrical or phone outages, be considered pricing errors and Janus Services shall not be required to reimburse for such delays. Janus Services shall use the same standards with respect to share prices for the Company as for all other shareholders in the Funds.
Appears in 2 contracts
Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D), Retail Fund Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)