Early Withdrawal Charge: The early withdrawal charge that may apply to a withdrawal or surrender under the Contract. It does not include the reduction in the value of an Indexed Strategy on account of a decline in the Index. It does not include the impact of a vesting factor or other calculation applied to determine the increase in the value of an Indexed Strategy for a rise in the Index. It does not include a rider fee or charge.
Physician: A United States licensed medical doctor (M.D.) or a United States licensed doctor of osteopathy (D.O.) practicing within the scope of his or her license. The term “Physician” does not include an Owner or joint owner, an Insured, a Family Member of an Owner, joint owner, or Insured, or an employee, officer, director, owner, partner, member, or agent of a non-natural person Owner or joint owner.
Family Member: A spouse, parent, grandparent, child, grandchild, sibling, aunt, uncle, first cousin, niece, or nephew, or any such relative by marriage or adoption, including in-laws and step-relatives.
Written Notice of Claim
You must provide us with a written notice of a claim for a waiver under this Rider:
| 1) | within twenty (20) days of the date of diagnosis of the terminal illness or as soon thereafter as is reasonably possible; and |
| 2) | before the date of the withdrawal or surrender with respect to which a waiver under this Rider is claimed. |
Notice given by, or on behalf of the Insured, to us at our address or telephone number, or to any authorized agent of the Company, with information sufficient to identify the Insured, shall be deemed notice to us.
Claim Forms
Upon receipt of written notice of a claim for a waiver under this Rider, we will furnish to you a form or forms for filing a proof of occurrence. If we do not furnish such form or forms within fifteen (15) days of receipt of the written notice of claim, you will be deemed to have complied with the requirements as to proof of occurrence upon submitting, within the time period set out in the Written Proof of Occurrence provision below, written proof covering the character and the extent of the occurrence covered by this Rider.
Written Proof of Occurrence
You must provide us with written proof of occurrence of the conditions set out in the “Waiver” provision above. You must provide us with such written proof of occurrence:
| 1) | within ninety (90) days after the date of the diagnosis of the terminal illness; and |
| 2) | before the date of the withdrawal or surrender with respect to which a waiver under this Rider is claimed. |
Failure to furnish written proof of occurrence shall not invalidate or reduce the claim for a waiver under this Rider if it was not reasonably possible to give written proof of occurrence within ninety (90) days after the date of the diagnosis of the terminal illness, provided written proof of occurrence is furnished as soon as reasonably possible and, except in the absence of legal capacity, no later than one (1) year from the time such proof is otherwise required.
Physical Examination
At our own expense, we shall have the right and opportunity to have a Physician of our choosing examine the person of the Insured when and as often as we may reasonably require during the pendency of any claim for a waiver under this Rider.
Termination
This Rider will terminate and shall have no value when one of the following occurs:
| 1) | when no further Early Withdrawal Charges can ever apply under the Contract; |
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