Common use of Review and Renegotiation Clause in Contracts

Review and Renegotiation. Prior to the first payment of the Notice Fee and as reasonably requested thereafter, Company agrees to provide appropriate documentation to the Fund, Distributor and/or the Adviser to quantify how the Company arrived at the Notice Fee (and such documentation will also include the number of other investment companies that are being utilized by Company for its Accounts and relying on Rule 30e-3). From time to time, the Parties shall review the Notice Fee to determine whether it reasonably approximates the Company’s incurred and anticipated costs (both ‘soft’ internal costs and ‘hard’ external costs) of mailing notices of the availability of the Fund’s Reports to Contract Owners (pursuant to paragraph (c) of Rule 30e-3). The Parties agree to negotiate in good faith any change to the Notice Fee proposed by a Party.

Appears in 2 contracts

Sources: Participation Agreement (Equitable America Variable Account No.70A), Participation Agreement (Separate Account No. 70)