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Exhibit 10.72
SECOND AMENDMENT TO THE ALLIED GROUP JOINT MARKETING AGREEMENT
THIS SECOND AMENDMENT dated as of October 1, 1998 ("Amendment") is entered into
by and between ALLIED Life Insurance Company ("▇▇▇▇"), AMCO Insurance Company
("AMCO"), Nationwide Mutual Insurance Company ("Nationwide"), successor in
interest to ALLIED Mutual Insurance Company, ALLIED Property and Casualty
Insurance Company ("APC"), and Depositors Insurance Company ("DIC") to amend the
ALLIED Group Joint Marketing Agreement made as of August 30, 1993 and amended on
November 1, 1993 ("Agreement").
1. This Amendment shall be effective as of October 1, 1998.
2. Section 8.0 of the Agreement shall be hereby amended by adding
Sections 8.3, 8.4, 8.5 and 8.6, as follows and any term that is
defined in the Agreement, but not defined in this Amendment, shall
have the definition given to the term in the Agreement:
" 8.3 Nationwide Acquisition. The P/C Segment shall allow the
Agreement to continue in effect, following a Change of Control
(as defined in Section 8.1 of the Agreement), whereby Nationwide
or an affiliate or subsidiary of Nationwide has acquired the
ownership of 50% or more of the voting stock of ▇▇▇▇ or ALLIED
Life Financial Corporation ("ALFC").
8.3 Acquisition by Nationwide. ▇▇▇▇ shall allow the Agreement
to continue in effect following a Change of Control (as defined
in Section 8.2 of the Agreement), whereby Nationwide has
acquired the ownership of 50% or more of the voting stock of any
company in the P/C Segment or ALLIED Group, Inc.
8.5 Termination At Will. Nationwide may terminate this Agreement
or the participation of any one or more of the parties to this
Agreement at any time.
8.6 Waiver. Any exercise of options granted to the P/C Segment
and/or ▇▇▇▇ pursuant to Sections 8.1 and/or 8.2 of the
Agreement, that was made on or before October 1, 1998 shall
be waived by ▇▇▇▇ and the P/C Segment and shall be deemed null
and void as if never made."
3. Section 13 of the Agreement shall be amended by deleting all of the
words in section 13.0 with the exception of the heading, and by adding
the following words:
"This Agreement may be amended, modified, or altered only by a
writing signed by the parties hereto."
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4. This Amendment may be executed simultaneously in one or more
counterparts, each of which shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their respective officers as of the day and year first above written.
Nationwide Mutual Insurance Company
By: __________________________________
Print name: __________________________
Title: _______________________________
ALLIED Life Insurance Company
By: __________________________________
Print name: __________________________
Title: _______________________________
Depositors Insurance Company
By: __________________________________
Print name: __________________________
Title: _______________________________
ALLIED Property and Casualty Insurance Company
By: __________________________________
Print name: __________________________
Title: _______________________________
AMCO Insurance Company
By: __________________________________
Print name: __________________________
Title: _______________________________
