0001193125-21-341942 Sample Contracts

TRI-PARTY AGREEMENT
Tri-Party Agreement • November 29th, 2021 • Nyliac Variable Annuity Separate Account Iii

This Agreement (the “Agreement”) is made this 13th day of April, 2020 between (1) (a) Legg Mason Partners Variable Equity Trust (the “Trust”), a Maryland statutory trust, on behalf of itself and each of its series listed in Schedule A (each a “Fund” and collectively the “Funds”), and (b) Legg Mason Partners Fund Advisor, LLC (the “Adviser”), a Delaware limited liability company and the Trust’s investment adviser; (2) New York Life Insurance and Annuity Corporation (the “Insurance Company”), a life insurance company organized under the laws of the State of Delaware; and (3) (a) American Funds Insurance Series (the “Underlying Trust”), a Massachusetts business trust, on behalf of itself and its respective series listed in Schedule B (each an “Underlying Fund”), (b) American Funds Distributor, Inc. (“AFD”), a California corporation and the Underlying Trust’s distributor, (c) Capital Research and Management Company (“CRMC”), a Delaware corporation and the Underlying Trust’s investment advi

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