AMENDMENT NO. 3 TO RETAIL FUND PARTICIPATION AGREEMENT
Exhibit 8(zzz)(1)
Amendment No. 3 to Participation Agreement (Pioneer Funds)
[Retail]
AMENDMENT NO. 3 TO RETAIL FUND PARTICIPATION AGREEMENT
THIS AMENDMENT No. 3 to the Retail Fund Participation Agreement (the “Agreement”) dated Xxxxx,
0000, as amended, by and among Xxxxxxx Xxxxx Life Insurance Company, (hereinafter the “Company”),
on its own behalf and on behalf of each separate account of the Company set forth in Schedule A of
the Agreement, as may be amended from time to time (each such account hereinafter referred to as a
“Separate Account”) and Pioneer Funds Distributor, Inc. (“PFD”), (hereinafter the “Underwriter”) is
effective as of October 30, 2009.
WHEREAS, the Underwriter and the Company have entered into the Agreement, dated March
2005; and
WHEREAS, AEGON USA, Inc. purchased the Company through a transaction effective December 28,
2007; and
WHEREAS, certain Company functions are transitioning to the Cedar Rapids offices of the
Company, effective November 9, 2009; and
WHEREAS, the Company does not have the functionality to invoice for services payable under
such Agreement; and
WHEREAS, the Underwriter and the Company now desire to amend the Agreement.
NOW, THEREFORE, in consideration of the above premises, the Underwriter and the Company
hereby agree:
1. | Amendment. |
A. | Section 5.2 is hereby deleted in its entirety and replaced by the following: | ||
Within 30 days after each quarter end, the Underwriter will send the Company the fees as set forth in Schedule B of the Agreement. |
2. | Effectiveness. The Amendment is effective as of the date hereof. | |
3. | Continuation. Except as set forth above, the Agreement shall remain in full force and effect in accordance with its terms. |
(Signatures located on following page)
IN WITNESS WHEREOF, the Underwriter and the Company have caused this Amendment to be executed
by their duly authorized officers effective as of the day and year first above written.
XXXXXXX XXXXX LIFE INSURANCE | PIONEER FUNDS DISTRIBUTOR, INC. | |||||||||
COMPANY |
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By: Name: |
/s/ Xxx Xxxxxxxxxx
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By: Name: |
/s/ Xxxxxx X. Xxxxxxxx
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Title:
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President | Title: | President |