0001193125-22-114805 Sample Contracts

PARTICIPATION AGREEMENT Among EQUITABLE FINANCIAL LIFE INSURANCE COMPANY EQUITABLE FINANCIAL LIFE INSURANCE COMPANY OF AMERICA FUND ADVISER and DISTRIBUTOR
Participation Agreement • April 22nd, 2022 • Separate Account No. 70 • New York

THIS AGREEMENT, made and entered into as of this 7th day of January, 2022, by and among EQUITABLE FINANCIAL LIFE INSURANCE COMPANY, a New York life insurance company, and EQUITABLE FINANCIAL LIFE INSURANCE COMPANY OF AMERICA, an Arizona life insurance company (collectively, the “Company” and each, an “Insurer”) on its own behalf and on behalf of its separate accounts (the “Accounts”); PRINCIPAL VARIABLE CONTRACTS FUNDS, INC., an open-end management investment company organized under the laws of Maryland (the “Fund”); PRINCIPAL GLOBAL INVESTORS, LLC (the “Adviser”), a Delaware limited liability company; and PRINCIPAL FUNDS DISTRIBUTOR, INC. (the “Distributor”), a Washington corporation.

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THIRD AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 22nd, 2022 • Separate Account No. 70

Equitable Financial Life Insurance Company, a New York life insurance company, and Equitable Financial Life Insurance Company of America, an Arizona stock life insurance company (collectively “Company”), and First Trust Variable Insurance Trust (the “Fund”), a business trust organized under the laws of the Commonwealth of Massachusetts, First Trust Advisors L.P. (the “Advisor”), an Illinois limited partnership, and First Trust Portfolios L.P. (the “Distributor”), an Illinois limited partnership, entered into a certain participation agreement dated April 20, 2012 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of August 2, 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, the Advisor and the Distributor (collectively, the “Parties

THIRD AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 22nd, 2022 • Separate Account No. 70

Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company (the “Company”), a New York life insurance company, Delaware VIP Trust (the “Fund”), an open-end management investment company organized as a statutory trust under the laws of the State of Delaware, Delaware Management Company, (the “Adviser”), a series of Macquarie Investment Management Business Trust, a statutory trust organized under the laws of the State of Delaware, and Delaware Distributors, L.P. (the “Distributor”), a limited partnership organized under the laws of the State of Delaware and principal underwriter/distributor of the Fund, entered into a certain participation agreement dated July 9, 2010, (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of 2/8/2021 | 4:58 PM , 2021, EST 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 Ag

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