0001193125-23-023489 Sample Contracts

THIRD AMENDMENT TO PARTICIPATION AGREEMENT Regarding THIRD FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • February 3rd, 2023 • Separate Account No. 70

EQUITABLE LIFE INSURANCE COMPANY (hereinafter the “Company”), a New York life insurance company, 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 April 16, 2010 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January 27, 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”), the Fu

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TENTH AMENDMENT TO FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • February 3rd, 2023 • 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”), Ivy Variable Insurance Portfolios (the “Fund”), a Delaware statutory trust and Delaware Distributors, L.P. (the “Distributor”), are parties to a fund participation agreement dated October 23, 2009, as amended (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of October 11, 2022, 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”).

FOURTH AMENDMENT TO FUND PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Fund Participation Agreement • February 3rd, 2023 • Separate Account No. 70

Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company, a New York life insurance company, Equitable Financial Life Insurance Company of America, formerly known as MONY Life Insurance Company of America, an Arizona stock life insurance company (collectively “Company”), Eaton Vance Variable Trust (the “Trust”), an open-end management investment company organized under the laws of Massachusetts and Eaton Vance Distributors, Inc. (the “Distributor”), a Massachusetts company, entered into a certain participation agreement dated October 7, 2013 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of September 19, 2022, 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 the Distributor (collectively,

FOURTH AMENDMENT TO AMENDED AND RESTATED PARTICIPATION AGREEMENT
Participation Agreement • February 3rd, 2023 • 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, each of VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II, VARIABLE INSURANCE PRODUCTS FUND III, 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 April 16, 2010 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of 8/11/2022 | 11:30:48 AM EDT, 20 , 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

THIRD AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • February 3rd, 2023 • Separate Account No. 70

Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company (“EFLIC”), a New York life insurance company, PIMCO Variable Insurance Trust and PIMCO Equity Series VIT (each a “Fund” and together the “Funds”), each a Delaware statutory trust, and PIMCO Investments LLC (the “Underwriter”), a Delaware limited liability company, entered into a certain participation agreement dated October 1, 2013 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of October 11, 2022, by and among EFLIC, on its own behalf and on behalf of each separate account of EFLIC, as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “EFLIC Accounts”), Equitable Financial Life Insurance Company of America (“Equitable America”), on its own behalf and on behalf of each separate account of Equitable America as set forth in the Participation Agreement, as may b

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