Common use of SOLICITING APPLICATIONS AND PAYMENTS Clause in Contracts

SOLICITING APPLICATIONS AND PAYMENTS. (a) Broker-Dealer and Associated Insurance Agency shall review all applications, enrollment forms or other forms seeking Contracts, additional coverage or reinstatement of coverage under a Contract for completeness and accuracy, as well as compliance with applicable suitability standards. Upon request, Broker-Dealer and Associated Insurance Agency shall provide PALAC and/or PAD with satisfactory proof of approval by a principal of Broker-Dealer or Associated Insurance Agency indicating that the application has been reviewed for suitability. Broker-Dealer will promptly, but in no case later than the end of the next business day following receipt by Broker-Dealer or a Registered Representative, forward all complete and correct applications, forms and/or other required documentation, together with any payments received with the such forms, without deduction for compensation unless there has been a written agreement for netting of sales or service compensation payable by Prudential Annuities to Broker-Dealer and/or Associated Insurance Agency, as applicable. (b) Prudential Annuities may authorize Broker-Dealer and Associated Insurance Agency to transmit applications, forms and/or other required documentation to Prudential Annuities via electronic transmission, subject to all applicable administrative procedures and rules of Prudential Annuities. Broker-Dealer and Associated Insurance Agency shall provide such information in a form and manner that is mutually agreeable to Prudential Annuities and Broker-Dealer and Associated Insurance Agency. Any agreement between the parties hereto relating to electronic transmission of applications, forms and other required documentation ("Electronic Transmission Agreement") is incorporated into this Agreement by reference and will provide standards as to timeliness and accuracy of electronic transmissions as well as establish rules as to liability for any losses due to delays or transmission errors. Any Electronic Transmission Agreement will only modify this Agreement to the extent indicated. (c) All requests for Contracts, additional coverage, or reinstatement of coverage are subject to PALAC's acceptance. PALAC reserves the right, in its sole discretion, to reject any such request and refund or return any payment made thereon. PALAC also reserves the right to prescribe conditions, rules, and regulations for the offer and acceptance of its Contracts, including additional coverage thereon or reinstatement of coverage, which may be changed from time to time. PALAC will forward changes to such conditions, rules, and regulations to Broker-Dealer or Associated Insurance Agency at their last known mailing address. (d) PALAC will forward Contracts once issued to Broker-Dealer or Associated Insurance Agency for delivery to the Contract owner according to procedures established by PALAC, unless PALAC has provided otherwise. Broker-Dealer and Associated Insurance Agency shall deliver each such Contract to the respective Contract owner. With respect to Registered Contracts, Broker-Dealer must deliver the Contract within the five (5) business days after receipt by Broker-Dealer or Associated Insurance Agency. Broker-Dealer shall be liable to PALAC for any loss incurred by PALAC (including consequential damages and regulatory penalties) due to any delay by Broker-Dealer, Associated Insurance Agency, Registered Representative or Agent in delivering such Contract. Notwithstanding the above obligation, PALAC reserves the right to transmit documentation directly to the Contract owner. (e) Notwithstanding Paragraph 8(d), Broker-Dealer, Associated Insurance Agency, Registered Representative or Agent shall not deliver a life insurance contract to a Contract owner if the Registered Representative or Agent or any employees or affiliated persons of Broker-Dealer or Associated Insurance Agency have knowledge that the Contract owner's health has changed since the application was taken or unless a premium payment previously has been made and accepted by PALAC on such Contract. Any such Contract must be returned to PALAC at its Home Office.

SOLICITING APPLICATIONS AND PAYMENTS. (a) Broker-Dealer and Associated Insurance Agency shall review all applications, enrollment forms or other forms seeking Contracts, additional coverage or reinstatement of coverage under a Contract for completeness and accuracy, as well as compliance with applicable suitability standards. Upon request, Broker-Dealer and Associated Insurance Agency shall provide PALAC and/or PAD with satisfactory proof ensure that each such form shall bear evidence of approval by a principal one of Broker-Dealer or Associated Insurance Agency its principals indicating that the application it has been reviewed for suitability. Broker-Dealer will promptly, but in no case later than the end of the next business day following receipt by Broker-Dealer or a Registered Representative, forward all complete and correct applications, forms and/or other required documentation, together with any payments received with the such forms, without deduction for compensation unless there has been a written agreement for netting of sales or service compensation payable by Prudential Annuities American Skandia to Broker-Dealer and/or Associated Insurance Agency, as applicable. (b) Prudential Annuities American Skandia may authorize Broker-Dealer and Associated Insurance Agency to transmit applications, forms and/or other required documentation to Prudential Annuities American Skandia via electronic transmission, subject to all applicable administrative procedures and rules of Prudential AnnuitiesAmerican Skandia. Broker-Dealer and Associated Insurance Agency shall provide such information in a form and manner that is mutually agreeable to Prudential Annuities American Skandia and Broker-Dealer and Associated Insurance Agency. Any agreement between the parties hereto relating to electronic transmission of applications, forms and other required documentation ("Electronic Transmission Agreement") is incorporated into this Agreement by reference and will provide standards as to timeliness and accuracy of electronic transmissions as well as establish rules as to liability for any losses due to delays or transmission errors. Any Electronic Transmission Agreement will only modify this Agreement to the extent indicated. (c) All requests for Contracts, additional coverage, or reinstatement of coverage are subject to PALACASLAC's acceptance. PALAC ASLAC reserves the right, in its sole discretion, to reject any such request and refund or return any payment made thereon. PALAC ASLAC also reserves the right to prescribe conditions, rules, and regulations for the offer and acceptance of its Contracts, including additional coverage thereon or reinstatement of coverage, which may be changed from time to time. PALAC ASLAC will forward changes to such conditions, rules, and regulations to Broker-Dealer or Associated Insurance Agency at their last known mailing address. (d) PALAC ASLAC will forward Contracts once issued to Broker-Dealer or Associated Insurance Agency for delivery to the Contract owner according to procedures established by PALACASLAC, unless PALAC ASLAC has provided otherwise. Broker-Dealer and Associated Insurance Agency shall deliver each such Contract to the respective Contract owner. With respect to Registered Contracts, Broker-Dealer must deliver the Contract within the five (5) business days after receipt by Broker-Dealer or Associated Insurance Agency. Broker-Dealer shall be liable to PALAC ASLAC for any loss incurred by PALAC ASLAC (including consequential damages and regulatory penalties) due to any delay by Broker-Dealer, Associated Insurance Agency, Registered Representative or Agent in delivering such Contract. Notwithstanding the above obligation, PALAC ASLAC reserves the right to transmit documentation directly to the Contract owner. (e) Notwithstanding Paragraph 8(d), Broker-Dealer, Associated Insurance Agency, Registered Representative or Agent shall not deliver a life insurance contract to a Contract owner if the Registered Representative or Agent or any employees or affiliated persons of Broker-Dealer or Associated Insurance Agency have knowledge that the Contract owner's health has changed since the application was taken or unless a premium payment previously has been made and accepted by PALAC ASLAC on such Contract. Any such Contract must be returned to PALAC ASLAC at its Home Office.