0001193125-21-136961 Sample Contracts

AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 28th, 2021 • Guardian Separate Account R

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 “Adviser”) 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 above).

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PARTICIPATION AGREEMENT By and among GUARDIAN VARIABLE PRODUCTS TRUST PARK AVENUE INSTITUTIONAL ADVISERS LLC and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • April 28th, 2021 • Guardian Separate Account R • New York

THIS AGREEMENT, made and entered into this 8th day of August, 2016 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 Guardian Variable Products Trust, a Delaware statutory trust (the “Fund”), and Park Avenue Institutional Advisers LLC, a Delaware limited liability company (the “Adviser”).

AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 28th, 2021 • Guardian Separate Account R

The Guardian Insurance & Annuity Company, Inc. (hereinafter the “Company”), a Delaware corporation, each of VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II, VARIABLE INSURANCE PRODUCTS FUND III and VARIABLE INSURANCE PRODUCTS FUND IV and VARIABLE INSURANCE PRODUCTS FUND V, each an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (each referred to hereinafter as the “Fund”)., and FIDELITY DISTRIBUTORS COMPANY LLC (hereinafter the “Underwriter” or “FDC”), a Massachusetts corporation , entered into a certain participation agreement dated December 1, 1997 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January 7, 2021, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth on Schedule A to the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”),

AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 28th, 2021 • Guardian Separate Account R

The Guardian Insurance & Annuity Company, Inc. (the “Company”), Franklin Templeton Variable Insurance Products Trust (the “Fund”), and Franklin/Templeton Distributors, Inc. (the “Distributor”), entered into a certain participation agreement dated May 1, 2002 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of February 24, 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 Distributor (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.

AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 28th, 2021 • Guardian Separate Account R

The Guardian Insurance & Annuity Company, Inc. (the “Company”), PIONEER VARIABLE CONTRACTS TRUST, a Delaware business Trust (“the Trust”), AMUNDI PIONEER ASST MANAGEMENT, INC. (f/k/a PIONEER INVESTMENT MANAGEMENT, INC.) (“APAM”), and AMUNDI PIONEER DISTRIBUTOR, INC. (f/k/a PIONEER FUNDS DISTRIBUTOR, INC.) (the “Underwriter”), entered into a certain participation agreement dated January 1, 2009 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 07, 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 Trust, APAM, 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).

AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 28th, 2021 • Guardian Separate Account R

The Guardian Insurance & Annuity Company, Inc. (the “Company”), the PUTNAM VARIABLE TRUST, (the “Fund”), and PUTNAM RETAIL MANAGEMENT LIMITED PARTNERSHIP (the “Underwriter”), entered into a certain participation agreement dated May 18, 2012 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 15, 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”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Participation Agreement (defined above).

AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 28th, 2021 • Guardian Separate Account R

The Guardian Insurance & Annuity Company, Inc. (the “Company”), the MFS VARIABLE INSURANCE TRUST, a Massachusetts business trust (“Trust I”), MFS VARIABLE INSURANCE TRUST II, a Massachusetts business trust (“Trust II”), MFS VARIABLE INSURANCE TRUST III, a Delaware statutory trust (“Trust III”) (Trust I, Trust II and Trust III, (collectively, the “Fund”), and MFS FUND DISTRIBUTORS, INC., (the “Underwriter”), entered into a certain participation agreement dated May 1, 2000 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 23, 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”). Capitalized terms not otherwise defined herein shall have the meaning ascribed t

AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 28th, 2021 • Guardian Separate Account R

The Guardian Insurance & Annuity Company, Inc. (the “Company”), Columbia Funds Variable Series Trust II, an open-end management investment company organized under the laws of the Commonwealth of Massachusetts (the “Fund”), Columbia Management Investment Distributors, Inc., the Fund Distributor, a Delaware corporation (the “Underwriter”), and Columbia Management Investment Advisers, LLC (the “Adviser”), a Minnesota limited liability company entered into a certain participation agreement dated May 1, 2016 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January 12, 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 s

AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 28th, 2021 • Guardian Separate Account R

The Guardian Insurance & Annuity Company, Inc. (the “Company”), Legg Mason Partners Variable Equity Trust and Legg Mason Partners Variable Income Trust (the “Fund”), Legg Mason Investor Services, LLC, (the “Distributor”) and Legg Mason Partners Fund Advisor, LLC (the “Adviser”) entered into a certain participation agreement dated April 11, 2011 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of February 24, 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, Distributor and the Advisor (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.

AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 28th, 2021 • Guardian Separate Account R

The Guardian Insurance & Annuity Company, Inc. (the “Company’’),BlackRock Variable Series Funds, Inc and BlackRock Variable Series Funds II, Inc., each open-end management investment company organized as a Maryland corporation (the “Fund”), BlackRock Investments, LLC, a broker-dealer registered as such under the Securities Exchange Act of 1934, as amended (the “Underwriter”), entered into a certain participation agreement dated January 1, 2009 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of February 18 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’’), each Fund and the Underwriter (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.

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