0001193125-21-136997 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 “ Advise r” ) 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 abo

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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’’), Davis Variable Account Fund, Inc., (the ‘“Fund”), and Davis Distributors, LLC. (the “Underwriter”), entered into a certain participation agreement dated June 29, 1999 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to ·the Participation Agreement is entered into as of October 20, 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”).

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 PIMCO Variable Insurance Trust, (the “Fund”), and PIMCO Investments LLC (the “Underwriter”) entered into a certain participation agreement dated January l, 2009 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January l, 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 shall have the meaning ascribed to them in the Participation Agreement (defined above).

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 (Service Shares) Regarding RULES 30e-3 and 498A
Participation Agreement • April 28th, 2021 • Guardian Separate Account R

The Guardian Insurance & Annuity Company, Inc. (the “Company”), Janus Aspen Series, an open-end management investment company organized as a Delaware statutory trust, (the “Trust”) and Janus Distributors LLC, a Colorado corporation and distributor of the Trust’s shares (“Distributor”), entered into a certain fund participation agreement dated September 15, 2000 (the “Participation Agreement”), as amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 8, 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 and Distributor (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 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”), 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”), the Value Line Centurion Fund, Inc., a Maryland corporation, Value Line Funds Variable Trust, a Massachusetts business trust (formerly, Value Line Strategic Asset Management Trust)on behalf of its series, Value Line Strategic Asset Management Trust, (collectively, the “Fund”), and EULAV Securities LLC (formerly, Value Line Securities, Inc.) (the “Underwriter”), and EULAV Asset Management , (the “Advisor”) entered into a certain participation agreement dated April 4, 2003 (the “Participation Agreement”), as may it be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 9th, 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, the Underwriter and the Advisor (collectively, the ‘‘Parties”)

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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