0001104659-16-114205 Sample Contracts

FUND PARTICIPATION AGREEMENT Clayton Street Trust
Fund Participation Agreement • April 26th, 2016 • Protective Variable Annuity Separate Account • New York

THIS AGREEMENT is made this day of , between Janus Distributors LLC (the “Distributor”) and Janus Services LLC (“Janus Services”), each a Delaware limited liability company, and Protective Life Insurance Company, a life insurance company organized under the laws of the State of Tennessee (the “Company”), on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A, as may be amended from time to time (the “Accounts”).

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April 12, 2007 Protective Life Insurance Company
Protective Variable Annuity Separate Account • April 26th, 2016

Effective December 4, 2006, the Securities and Exchange Commission adopted amendments to Rule 22-c(2) (and as may be amended from time to time, the “Rule”) of the Investment Company Act of 1940 (the “1940 Act”). The Rule requires that, by April 16, 2007, Janus enter into written agreements with its financial intermediaries (as such term is defined in the Rule) whereby each such financial intermediary agrees to provide Janus with certain shareholder identity and transaction information and to carry out certain instructions from Janus. These requirements are designed to allow Janus to more effectively enforce its market timing policies in an effort to protect Janus and its shareholders from the harmful effects of short-term trading.

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