Summary Prospectus Agreement
This Summary Prospectus Agreement ("Agreement") currently in effect among
Fidelity Distributors Corporation (the "Underwriter"), and Metropolitan Life
Insurance Company, MetLife Insurance Company of Connecticut, MetLife Investors
USA Insurance Company, First MetLife Investors Insurance Company, MetLife
Investors Insurance Company, New England Life Insurance Company and General
American Life Insurance Company (collectively, the "Company") is effective this
30th day of April, 2010. All capitalized terms used herein and not otherwise
defined shall have the meaning ascribed to such term in the respective
Agreements.
WHEREAS, Variable Insurance Products Fund, Variable Insurance Products Fund
II, Variable Insurance Products Fund III, Variable Insurance Products Fund IV
and Variable Insurance Products Fund V (collectively the "Fund") have entered
into distribution agreements pursuant to which the Underwriter acts as
distributor of the Fund;
WHEREAS, the Fund and the Company agree to distribute the prospectuses of
the Portfolios of the Fund pursuant to Rule 498 of the Securities Act of 1933
("Rule 498"); and
WHEREAS, the parties desire to set out the roles and responsibilities for
complying with Rule 498 NOW THEREFORE, in consideration of the mutual covenants
hereinafter set forth, and intending to be legally bound, the Agreement is
hereby amended as follows:
1. For purposes of this Amendment, the terms Summary Prospectus and
Statutory Prospectus shall have the same meaning as set forth in Rule
498.
2. The Underwriter represents and warrants that the hosting of such
Summary Prospectuses at the URL disclosed on such Summary Prospectus
is designed to comply with the requirements of Rule 498(e) and (f)(3)
applicable to the Fund and its Portfolios.
3. The Underwriter represent and warrant that it will respond to contract
owner requests for additional Fund documents in a manner designed to
comply with the provisions of Rule 498(f)(1). The Underwriter further
represents and warrants that any information obtained about contract
owners will be used solely for the purposes of responding to requests
for additional Fund documents.
4. Company represents and warrants that any binding of Summary
Prospectuses and Statutory Prospectuses will be done in compliance
with Rule 498.
5. The parties agree that the Indemnification provisions of the
Participation Agreement among the Underwriter, the Company and the
Fund will apply to the terms of this Summary Prospectus Agreement as
applicable.
6. The parties agree that the Company is not required to distribute
Summary Prospectuses to its contract owners, but rather distribution
of the Summary Prospectus will be at the discretion of the Company.
The Company agrees that it will give the Fund and the Underwriter
sufficient notice of its intended use of the Summary Prospectuses or
the Statutory Prospectus.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to
be executed in its name and behalf by its duly authorized officer as of the date
first set forth above.
FIDELITY DISTRIBUTORS CORPORATION
By: /s/ Xxxxxx X. Xxxxx
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Name: Xxxxxx X. Xxxxx
Its:
METROPOLITAN LIFE INSURANCE COMPANY
By: /s/ Xxxx X. Xxxxxx Xx.
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Name: Xxxx X. Xxxxxx, Xx.
Its: Vice President
METLIFE INSURANCE COMPANY OF CONNECTICUT
By: /s/ Xxxx X. XxXxxxx
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Name: Xxxx X. XxXxxxx
Its: Vice President and Actuary
METLIFE INVESTORS INSURANCE COMPANY
By: /s/ Xxxx X. XxXxxxx
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Name: Xxxx X. XxXxxxx
METLIFE INVESTORS USA INSURANCE COMPANY
By: /s/ Xxxx X. XxXxxxx
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Name: Xxxx X. XxXxxxx
Its: Vice President
FIRST METLIFE INVESTORS INSURANCE COMPANY
By: /s/ Xxxx X. XxXxxxx
--------------------------------------
Name: Xxxx X. XxXxxxx
Its: Vice President
NEW ENGLAND LIFE INSURANCE COMPANY
By: /s/ Xxxx X. Xxxxxx, Xx.
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Name: Xxxx X. Xxxxxx, Xx.
Its: Senior Vice President
GENERAL AMERICAN LIFE INSURANCE COMPANY
By: /s/ Xxxx X. XxXxxxx
--------------------------------------
Name: Xxxx X. XxXxxxx
Its: Vice President and Actuary
