Guardian Separate Acct N of the Guardian Ins & Annuity Co Sample Contracts

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Participation Agreement • February 10th, 2003 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Maryland
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AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • February 26th, 2003 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

The Participation Agreement (the "Agreement"), dated February 2, 1998, by and among AIM Variable Insurance Funds, A I M Distributors, Inc., The Guardian Insurance and Annuity Company, Inc. and Guardian Investor Services Corporation, (collectively, the "Parties") is hereby amended as follows. All capitalized terms not otherwise defined in this Amendment, shall have the same meaning as described in the Agreement.

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THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. MEMORANDUM OF AGREEMENT Agreement made this _________ day of ____________, 19___ by and between The Guardian Insurance & Annuity Company, Inc. ("GIAC"), a Delaware corporation and a wholly-owned...
Memorandum of Agreement • December 10th, 1999 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
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WITNESSETH:
Fund Participation Agreement • November 25th, 2002 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Delaware
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WITNESSETH:
Participation Agreement • February 10th, 2003 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Delaware
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The Guardian Life Insurance Company of America New York, New York Reinsurance Agreement Specifications Page
Reinsurance Agreement • February 10th, 2003 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York
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BY AND AMONG
Participation Agreement • February 10th, 2003 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Maryland
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PARTICIPATION AGREEMENT Among VAN KAMPEN LIFE INVESTMENT TRUST, VAN KAMPEN FUNDS INC., VAN KAMPEN ASSET MANAGEMENT INC., and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. DATED AS OF May 1, 2002
Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Illinois

THIS AGREEMENT, made and entered into as of the 1st day of May, 2002 by and among The Guardian Insurance & Annuity Company, Inc. (hereinafter the “Company”), a Delaware corporation, on its own behalf and on behalf of each separate account of the Company set forth on Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”), and VAN KAMPEN LIFE INVESTMENT TRUST (hereinafter the “Fund”), a Delaware business trust, VAN KAMPEN FUNDS INC. (hereinafter the “Underwriter”), a Delaware corporation, and VAN KAMPEN ASSET MANAGEMENT INC. (hereinafter the “Adviser”), a Delaware corporation.

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Participation Agreement as of May 1, 2002 Franklin Templeton Variable Insurance Products Trust Franklin Templeton Distributors, Inc. The Guardian Insurance & Annuity Company, Inc. Guardian Investor Services LLC CONTENTS
Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • California
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PARTICIPATION AGREEMENT Among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., PIMCO VARIABLE INSURANCE TRUST, and ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC
Participation Agreement • April 27th, 2010 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT, dated as of the 1st day of January, 2009, by and among The Guardian Insurance & Annuity Company, Inc., (the “Company”), a Delaware life insurance company, on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A hereto as may be amended from time to time (each account hereinafter referred to as the “Account”), PIMCO Variable Insurance Trust (the “Fund”), a Delaware statutory trust, and Allianz Global Investors Distributors LLC (the “Underwriter”), a Delaware limited liability company.

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FUND PARTICIPATION AGREEMENT The Guardian Insurance & Annuity Company, Inc. Columbia Funds Variable Insurance Trust Columbia Management Advisors, LLC and Columbia Management Distributors, Inc. January 1, 2009
Fund Participation Agreement • May 2nd, 2013 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Massachusetts

THIS AGREEMENT, made and entered into as of this 1st day of January, 2009, by and among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (the “Company”), a Delaware life insurance company, on its own behalf and on behalf of its separate accounts (the “Accounts”); COLUMBIA FUNDS VARIABLE INSURANCE TRUST, an open-end management investment company organized under the laws of the Commonwealth of Massachusetts (the “Fund”); COLUMBIA MANAGEMENT ADVISORS, LLC (the “Adviser”), a Delaware limited liability company; and COLUMBIA MANAGEMENT DISTRIBUTORS, INC. (the “Distributor”), a Massachusetts corporation.

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AMENDED AND RESTATED PARTICIPATION AGREEMENT AMONG MFS VARIABLE INSURANCE TRUST, THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. AND MASSACHUSETTS FINANCIAL SERVICES COMPANY
Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Massachusetts

THIS AMENDED AND RESTATED PARTICIPATION AGREEMENT, made and entered into this 1st day of May 2000, by and among MFS VARIABLE INSURANCE TRUST, a Massachusetts business trust (the “Trust”), THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., a Delaware corporation (the “Company”) on its own behalf and on behalf of each of the segregated asset accounts of the Company set forth in Schedule A hereto, as may be amended from time to time (the “Accounts”), and MASSACHUSETTS FINANCIAL SERVICES COMPANY, a Delaware corporation (“MFS”).

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FORM OF PARTICIPATION AGREEMENT Among OPPENHEIMER VARIABLE ACCOUNT FUNDS, OPPENHEIMERFUNDS, INC. and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC
Participation Agreement • April 27th, 2011 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT (the “Agreement”), made and entered into as of the 1st day of January, 2009 by and among The Guardian Insurance & Annuity Company, Inc. (hereinafter the “Company”), on its own behalf and on behalf of each separate account of the Company named in Schedule 1 to this Agreement, as may be amended from time to time by mutual consent (hereinafter collectively the “Accounts”), Oppenheimer Variable Account Funds (hereinafter the “Fund”) and OppenheimerFunds, Inc. (hereinafter the “Adviser”).

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THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. AGREEMENT OF AGENCY Agreement made this _________ day of ________by and between ___________________ ("Principal") and __________________ ("Agent "). 1. The undersigned is presently an Agent in accordance...
Agreement • December 10th, 1999 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
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PARTICIPATION AGREEMENT AMONG THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., GUARDIAN INVESTOR SERVICES LLC, ALLIANCE CAPITAL MANAGEMENT L.P. AND ALLIANCE FUND DISTRIBUTORS, INC. DATED AS OF May 1, 2002
Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT, made and entered into as of the 1st day of May, 2002 (“Agreement”), by and among The Guardian Insurance & Annuity Company, Inc., a Delaware life insurance company (“Insurer”) (on behalf of itself and its “Separate Account,” defined below); Guardian Investor Services LLC, a Delaware limited liability corporation (“Contracts Distributor”), the principal underwriter with respect to the Contracts referred to below; Alliance Capital Management L.P., a Delaware limited partnership (“Adviser”), the investment adviser of the Fund referred to below; and Alliance Fund Distributors, Inc., a Delaware corporation (“Distributor”), the Fund’s principal underwriter (collectively, the “Parties”),

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THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. FIELD REPRESENTATIVE AGREEMENT Agreement made this _________ day of ________by and between The Guardian Insurance & Annuity Company, Inc. ("GIAC"), a Delaware corporation and a wholly-owned subsidiary of...
Representative Agreement • December 10th, 1999 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
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PARTICIPATION AGREEMENT Among PUTNAM VARIABLE TRUST PUTNAM RETAIL MANAGEMENT LIMITED PARTNERSHIP And THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • April 25th, 2016 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Massachusetts

THIS AGREEMENT, made and entered into as of this 18th day of May, 2012, among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (the “Company”), a Delaware corporation, on its own behalf and on behalf of each separate account of the Company set forth on Schedule A hereto, as such Schedule may be amended from time to time (each such account hereinafter referred to as the “Account”), PUTNAM VARIABLE TR UST (the “Trust”), a Massachusetts business trust, and PUTNAM RETAIL MANAGEMENT LIMITED PARTNERSHIP (the “Underwriter”), a Massachusetts limited partnership.

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PARTICIPATION AGREEMENT among LEGG MASON PARTNERS VARIABLE EQUITY TRUST, LEGG MASON PARTNERS VARIABLE INCOME TRUST, LEGG MASON INVESTOR SERVICES, LLC, LEGG MASON PARTNERS FUND ADVISOR, LLC and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • April 27th, 2011 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT, made and entered into this 11th day of April, 2011 by and among The Guardian Insurance & Annuity Company, Inc., a Delaware corporation (the “Company”), on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”), and Legg Mason Partners Variable Equity Trust, a Maryland Corporation and Legg Mason Partners Variable Income Trust, a Maryland Corporation (each a “Fund”, collectively the “Funds”), Legg Mason Investor Services, LLC, a Maryland limited liability company (the “Distributor”), and Legg Mason Partners Fund Advisor, LLC, a Maryland limited liability company (the “Adviser”).

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PARTICIPATION AGREEMENT The Guardian Insurance & Annuity Company, Inc.
Participation Agreement • April 26th, 2019 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Delaware

This Participation Agreement (“Agreement”), dated as of the 1st day of June, 2010, is made by and between THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (“Company”), on behalf of itself and each of the separate accounts identified on Exhibit A, which is attached hereto, as the parties hereto may amend from time to time (“Variable Accounts”), WADDELL & REED, INC. (“W&R”), distributor for Ivy Funds Variable Insurance Portfolios, Inc., and IVY FUNDS VARIABLE INSURANCE PORTFOLIOS (“Ivy Funds VIP”).

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PARTICIPATION AGREEMENT AMONG PIONEER VARIABLE CONTRACTS TRUST, THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., PIONEER INVESTMENT MANAGEMENT, INC. AND PIONEER FUNDS DISTRIBUTOR, INC.
Participation Agreement • May 2nd, 2013 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT, made and entered into this 1st day of January, 2009, by and among PIONEER VARIABLE CONTRACTS TRUST, a Delaware business trust (the “Trust”), THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., a Delaware life insurance company (the “Company”) on its own behalf and on behalf of each of the segregated asset accounts of the Company set forth in Schedule A hereto, as may be amended from time to time (the “Accounts”), PIONEER INVESTMENT MANAGEMENT, INC., a Delaware corporation (“PIM”) and PIONEER FUNDS DISTRIBUTOR, INC. (“PFD”), a corporation organized under the laws of The Commonwealth of Massachusetts. PIM and PFD are members of the UniCredito Italiano banking group, register of banking groups.

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Exhibit- (h)(xi)(d) Amendment No. 4 to Participation Agreement Franklin Templeton Variable Insurance Products Trust Franklin/Templeton Distributors, Inc. The Guardian Insurance & Annuity Company, Inc. Guardian Investor Services LLC
Participation Agreement • April 27th, 2015 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin/Templeton Distributors, Inc. (the “Underwriter,” and together with the Trust, “we,” “our,” or “us”), The Guardian Insurance & Annuity Company, Inc., and Guardian Investor Services LLC, your distributor (collectively, the “Company” “you” or “your”), on your behalf and on behalf of certain Accounts, (individually a “Party”, collectively, the “Parties”) have previously entered into a Participation Agreement dated May 1, 2002, and subsequently amended as of May 3, 2004, June 5, 2007 and August 1, 2008 (the “Agreement”). The Parties now desire to amend the Agreement by this amendment (the “Amendment”). Unless otherwise indicated, the terms defined in the Agreement shall have the same meaning in this Amendment.

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FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • May 2nd, 2013 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

This Agreement is entered into as of the 1st day of June, 2012, between The Guardian Insurance & Annuity Company, Inc., a corporation organized under the laws of the State of Delaware (“Insurance Company”), on behalf of itself and on behalf of the separate accounts set forth on Exhibit A, and each Participating Fund (as defined below).

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THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. BROKERAGE AGREEMENT Agreement made this _________ day of ________by and between ___________________ ("Principal") and __________________ ("Broker"). 1. The undersigned is presently a Broker in accordance...
Brokerage Agreement • December 10th, 1999 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
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PARTICIPATION AGREEMENT Among DAVIS VARIABLE ACCOUNT FUND, INC. DAVIS DISTRIBUTORS, LLC. and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • April 26th, 2019 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Maryland

THIS AGREEMENT, made and entered into this 29th day of June, 1999, by and among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (hereinafter the “Insurance Company”), a Delaware corporation, on its own behalf and on behalf of each segregated asset account of the Insurance Company set forth on Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”), DAVIS VARIABLE ACCOUNT FUND, INC., a Maryland Corporation (the “Company”) and Davis Distributors, LLC., a Colorado Limited Liability Company (“Davis Distributors”).

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Exhibit(c)(i) DISTRIBUTION AND SERVICE AGREEMENT BETWEEN THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. AND PARK AVENUE SECURITIES LLC
Distribution and Service Agreement • February 9th, 2018 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

AGREEMENT, made this 31ST day of March, 2015 by and between The Guardian Insurance & Annuity Company, Inc. (“GIAC”), a Delaware corporation, and Park Avenue Securities LLC (the “Distributor”), a Delaware Limited Liability Company. DISTRIBUTOR is a wholly-owned subsidiary of GIAC. GIAC is a wholly-owned subsidiary of The Guardian Life Insurance Company of America. GIAC and DISTRIBUTOR each have their principal office located at 7 Hanover Square, New York, NY 10004.

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FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 27th, 2010 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT, made and entered into this day of , 200 (the “Agreement”) by and among The Guardian Insurance & Annuity Company, Inc., organized under the laws of the State of Delaware (the “Company”), on behalf of itself and each separate account of the Company named in Schedule A to this Agreement, as may be amended from time to time (each account referred to as the “Account” and collectively as the “Accounts”); Financial Investors Variable Insurance Trust, an open-end management investment company organized under the laws of the State of Delaware (the “Fund”); ALPS Advisors, Inc., a corporation organized under the laws of the State of Colorado and investment adviser to the Fund (the “Adviser”); and ALPS Distributors, Inc., a corporation organized under the laws of the State of Colorado and principal underwriter/distributor of the Fund (the “Distributor”).

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FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 27th, 2010 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT is executed as of December 15th 2008, and effective as of January 1st 2009, by and among BLACKROCK VARIABLE SERIES FUNDS, INC. an open-end management investment company organized as a Maryland corporation (the “Fund”), BLACKROCK INVESTMENTS, INC.(“BII”), a broker-dealer registered as such under the Securities Exchange Act of 1934, as amended (the “Underwriter”), and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., a life insurance company organized under the laws of the state of Delaware (“Company”), on its own behalf and on behalf of each separate account of the Company set forth on Schedule A, as may be amended from time to time (the “Accounts”).

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THE GUARDIAN INSURANCE & ANNUITY COMPANY SALES AND/OR SERVICING AGREEMENT (“AGREEMENT”)
Sales and/or Servicing Agreement • April 27th, 2015 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

This Agreement (the “Agreement”) is entered into by and among The Guardian Insurance & Annuity Company, Inc. (“GIAC”), a Delaware corporation, Park Avenue Securities LLC (“PAS”), a registered broker-dealer with the Securities and Exchange Commission (“SEC”) under the Securities Exchange Act of 1934 and a member in good standing of the Financial Industry Regulatory Authority, Inc. (“FINRA”), and (the “Firm”).

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PARTICIPATION AGREEMENT
Participation Agreement • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT is made this 18th day of August, 2000, by and among The Alger American Fund (the “Trust”), an open-end management investment company organized as a Massachusetts business trust, The Guardian Insurance & Annuity Company, Inc., a life insurance company organized as a corporation under the laws of the State of Delaware, (the “Company”), on its own behalf and on behalf of each segregated asset account of the Company set forth in Schedule A, as may be amended from time to time (the “Accounts”), and Fred Alger & Company, Incorporated, a Delaware corporation, the Trust’s distributor (the “Distributor”).

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PARTICIPATION AGREEMENT AMONG RS VARIABLE PRODUCTS TRUST, RS INVESTMENT MANAGEMENT CO. LLC, RS FUNDS DISTRIBUTOR LLC, AND THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • April 25th, 2016 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS PARTICIPATION AGREEMENT is made and entered into this 1st day of June 2014, by and among RS VARIABLE PRODUCTS TRUST, a Massachusetts business trust (the “Trust”); RS INVESTMENT MANAGEMENT CO. LLC, a Delaware limited liability company (the “Adviser”); for purposes of Sections 2.5 and 5.1 and Article VIII only, RS FUNDS DISTRIBUTOR LLC, a Delaware limited liability company (“RSFD”); and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., a Delaware corporation (the “Company”) on its own behalf and on behalf of each of the segregated asset accounts of the Company set forth in Schedule A hereto, as may be amended from time to time (the “Accounts”).

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PARTICIPATION AGREEMENT Among VALUE LINE CENTURION FUND, INC. VALUE LINE STRATEGIC ASSET MANAGEMENT TRUST VALUE LINE SECURITIES, INC. VALUE LINE, INC. and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT, made and entered into as of the day of , 2003 by and among The Guardian Insurance & Annuity Company, Inc. (hereinafter the “Company”), a Delaware corporation, on its own behalf and on behalf of each separate account of the Company set forth on Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”), and Value Line Centurion Fund, Inc., a Maryland corporation, Value Line Strategic Asset Management Trust, a Massachusetts business trust, (hereinafter the “Fund” or “Funds”), Value Line Securities, Inc. a New York corporation (hereinafter the “Underwriter”), and Value Line, Inc., a New York corporation (hereinafter the “Adviser”).

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Distribution And Service Agreement DISTRIBUTION AND SERVICE AGREEMENT BETWEEN THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. AND GUARDIAN INVESTOR SERVICES CORPORATION
Distribution and Service Agreement • May 21st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

AGREEMENT, made this 23rd day of August, 1985 by and between The Guardian Insurance & Annuity Company, Inc. (“GIAC”), a Delaware corporation, and Guardian Investor Services Corporation (the “Distributor”), a New York corporation, both corporations being wholly-owned subsidiaries of The Guardian Life Insurance Company of America and each corporation having its principal office located at 201 Park Avenue South, New York, New York 10003.

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AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 26th, 2021 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

The Guardian Insurance & Annuity Company, Inc. (the ‘‘Company”), the Victory Variable Insurance Funds, (the “ Fund”), and Victory Capital Services, Inc. (f/k/a Victory Capital Advisers, Inc.) (the “ Underwriter”), and Victory Capital Management Inc. , (the “ Advise r” ) entered into a certain participation agreement dated June 13, 2016 (the “ Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of 12/11/2020, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund, on behalf of the Portfolios (as defined below), individually and not jointly, the Underwriter and the Adviser (collectively , the “ Parties” ). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Participation Agreement (defined abo

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AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 26th, 2021 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

The Guardian Insurance & Annuity Company, Inc. (the “Company’’), Davis Variable Account Fund, Inc., (the ‘“Fund”), and Davis Distributors, LLC. (the “Underwriter”), entered into a certain participation agreement dated June 29, 1999 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to ·the Participation Agreement is entered into as of October 20, 2020, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts’’), the Fund and the Underwriter (collectively, the “Parties”).

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AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 26th, 2021 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

The Guardian Insurance & Annuity Company, Inc. (the “Company”), the PIMCO Variable Insurance Trust, (the “Fund”), and PIMCO Investments LLC (the “Underwriter”) entered into a certain participation agreement dated January l, 2009 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January l, 2021, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund and the Underwriter (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Participation Agreement (defined above).

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