0000950123-14-010829 Sample Contracts

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First Amendment to the Amended and Restated Fund Participation Agreement
Fund Participation Agreement • November 3rd, 2014 • Fs Variable Separate Account

This amendment (the “Amendment”) by and between BLACKROCK VARIABLE SERIES FUNDS, INC. (the “Fund”), BLACKROCK INVESTMENTS, LLC (“BRIL”), BLACKROCK ADVISORS, LLC (“BAL”), the investment advisor (for the purpose of and solely with respect to Sections 3.12, 5.2A, 5.3 and 5.4 and Article 9 only) and THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK (“Company”), a life insurance company organized under the laws of the state of New York, on its own behalf and on behalf of each separate account of the Company set forth on Schedules A-1 and A-2, as may be amended from time to time (the “Separate Accounts”) which Amendment is dated as of October ____, 2014 and effective as of October 1, 2014 (the “Effective Date”).

PARTICIPATION AGREEMENT The United States Life Insurance Company in the City of New York
Participation Agreement • November 3rd, 2014 • Fs Variable Separate Account • Delaware

This Participation Agreement (“Agreement”), dated as of the 9th day of October, 2014, is made by and between THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK (“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, IVY FUNDS VARIABLE INSURANCE PORTFOLIOS (“Ivy Funds VIP”), and WADDELL & REED INVESTMENT MANAGEMENT COMPANY (“WRIMCO”), for the purpose of paragraphs 9(b), 9(h), 9(i) and 14(b)(2)-14(b)(5).

AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT BY AND BETWEEN GOLDMAN SACHS VARIABLE INSURANCE TRUST, GOLDMAN, SACHS & CO. AND THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK
Participation Agreement • November 3rd, 2014 • Fs Variable Separate Account

This Amendment No. 1 to the Participation Agreement dated April 30, 1998 (the “Amendment”), is made and entered into this day of 2014 by and between GOLDMAN SACHS VARIABLE INSURANCE TRUST, a statutory trust formed under the laws of Delaware (the “Trust”), GOLDMAN, SACHS & CO., a New York limited partnership (the “Distributor”), and THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK (successor to American International Life Assurance Company of New York effective December 31, 2010), a New York life insurance company (the “Company”), on its own behalf and on behalf of each separate account of the Company referred to herein.

FIFTH AMENDMENT TO PARTICIPATION AGREEMENT AMONG THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, AIG CAPITAL SERVICES, INC., VALIC COMPANY I AND THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
Participation Agreement • November 3rd, 2014 • Fs Variable Separate Account

THIS FIFTH AMENDMENT TO PARTICIPATION AGREEMENT (“Amendment”) effective as of October __, 2014, amends the Participation Agreement dated as of July 1, 1999 (the “Agreement”), among THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK (the “Company”), on its own behalf and on behalf of each separate account of the Company set forth on Schedule B of the Agreement (the “Account”), AIG CAPITAL SERVICES, INC. (“ACS”), VALIC COMPANY I (the “Fund”), and THE VARIABLE ANNUITY LIFE INSURANCE COMPANY (the “Adviser”), (collectively, the “Parties”). All capitalized terms not otherwise defined in this Amendment, shall have the same meaning as ascribed in the Agreement.

AMENDMENT NO. 6 TO PARTICIPATION AGREEMENT
Participation Agreement • November 3rd, 2014 • Fs Variable Separate Account

THIS AMENDMENT NO. 6 TO PARTICIPATION AGREEMENT (the “Amendment”), dated as of September 4, 2014, by and among THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK (the “Company”), on its own behalf and on behalf of each of the separate accounts of the Company identified in the Agreement (as defined below), AIG CAPITAL SERVICES, INC. (formerly known as SunAmerica Capital Services, Inc. (as successor-in-interest to American General Equity Services Corporation)) (“ACS”), MORGAN STANLEY DISTRIBUTION, INC. (as successor-in-interest to Van Kampen Funds, Inc.) (“MSDI”), THE UNIVERSAL INSTITUTIONAL FUNDS, INC. (the “Fund”) and MORGAN STANLEY INVESTMENT MANAGEMENT INC. (the “Adviser”), hereby amends the Participation Agreement, dated as of December 1, 1998, by and among the Company, SACS, MSDI, the Fund and the Adviser (the “Agreement”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement.

AMENDMENT NO. 5 TO PARTICIPATION AGREEMENT
Participation Agreement • November 3rd, 2014 • Fs Variable Separate Account

THIS AMENDMENT No. 5 (“Amendment”) is made the 27th day of October, 2014 by and among The United States Life Insurance Company in the City of New York (the “Company”), PIMCO Variable Insurance Trust (the “Fund”) and PIMCO Investments LLC (the “Underwriter”).

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