Portfolio Expense and Performance Data The Trust shall provide such data regarding each Portfolio’s expense ratios and investment performance as the Company shall reasonably request, to facilitate the registration and sale of the Variable Contracts. Without limiting the generality of the forgoing, the Trust shall provide the following Portfolio expense and performance data on a timely basis to facilitate the Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Company), but in no event later than 10 calendar days after the close of each Portfolio’s fiscal year: (a) The gross “Annual Portfolio Company Expenses” for each Portfolio calculated in accordance with Item 3 of Form N-1A, before any expense reimbursements or fee waiver arrangements (and in accordance with (i) Instruction 16 to Item 4 of Form N-4, and (ii) Instruction 4(a) to Item 4 of Form N-6); (b) The net “Annual Portfolio Company Expenses” (aka “Total Annual Fund Operating Expenses”) for each Portfolio calculated in accordance with Item 3 of Form N-1A, that include any expense reimbursements or fee waiver arrangements (and in accordance with (i) Instruction 17 to Item 4 of Form N-4, (ii) Instruction 4 to Item 17 of Form N-4, (iii) Instruction 4(b) to Item 4 of Form N-6, and (iv) Instruction 4 to Item 18 of Form N-6), and the period for which the expense reimbursements or fee waiver arrangement is expected to continue and whether it can be terminated by the Portfolio (or Fund); and (c) The “Average Annual Total Returns” for each Portfolio (before taxes) as calculated pursuant to Item 4(b)(2)(iii) of Form N-1A (for the 1, 5, and 10 year periods, and in accordance with (i) Instruction 7 to Item 17 of Form N-4, and (ii) Instruction 7 to Item 18 of Form N-6).
Historical Performance Information To the extent agreed upon by the parties, the Sub-Advisor will provide the Trust with historical performance information on similarly managed investment companies or for other accounts to be included in the Prospectus or for any other uses permitted by applicable law.
Distribution and Pool Performance Information Item 1121(a) - Distribution and Pool Performance Information
Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.
Privacy and Personal Information We respect Your privacy and will only use and disclose Your personal information in accordance with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and in accordance with Our Privacy Policy. We will otherwise comply with all relevant privacy legislation in relation to Your personal information. Unless We are permitted to do otherwise under this Contract, We will keep Your information confidential. In particular We will keep Your information confidential unless: a) We have Your prior written consent; or b) the Law (including any regulatory, accounting, governmental, Ministerial or stock exchange requirement) requires or permits Us to disclose certain information; or c) We need to use the information for Our regulatory reporting or compliance, or in any legal or regulatory proceedings; or d) the information is already in the public domain; or e) We believe You have used electricity illegally and, as a result, We provide relevant information to the Economic Regulation Authority or the Director of Energy Safety; or f) We use the information for business purposes. g) You have not paid Your electricity bill, and We disclose information to a credit reporting agency, but We will not provide information about a default to a credit reporting agency if: (i) You have made a complaint in good faith about the default and the complaint has not been resolved; or (ii) You have requested Us to review Your electricity bill and the review is not yet completed. To ensure your information remains confidential, we will: 1) Provide Our staff with training around Australian Privacy Principles to ensure Your privacy is maintained; 2) Maintain up to date protection software for all electronically stored information; 3) Where possible, hold Your information on Our internal company network to minimise the risk of an electronic breach, or alternatively use secure, encrypted data centres; 4) Protect all of Our electronic data which contains Your information with passwords. The availability of these passwords will only be provided to staff that require access to the information for ongoing operational purposes; 5) Request that any third parties who require access to Your information provide assurances that they will comply with the Privacy Act; 6) Once no longer required for Our business or compliance purposes, We will destroy Your information as soon as practicable. For more information about Our Privacy Policy, visit Our website or call Us.