Common use of Amendment and Restatement; Form of Agreement Clause in Contracts

Amendment and Restatement; Form of Agreement. This agreement shall amend, restate and supersede the following Agreements as of the date stated above among the Funds and Distributor with respect to all investments by the Company or its separate accounts in each Fund prior to the date of this Agreement, as though identical separate agreements had been executed by the parties hereto on the dates as indicated below. 1. Participation Agreements dated 9/29/1998, by and among the Company, the Underwriter and each of Variable Insurance Products Fund, Variable Insurance Products Fund II and Variable Insurance Product Fund III. Although the parties have executed this Agreement in the form of a Master Participation Agreement for administrative convenience, this Agreement shall be deemed to constitute a separate participation agreement for each Fund, as though the Company and the Distributor had executed a separate, identical form of participation agreement with each Fund. No rights, responsibilities or liabilities of any Fund shall be attributed to any other Fund.

Amendment and Restatement; Form of Agreement. This agreement shall amend, restate and supersede the following Agreements as of the date stated above among the Funds and Distributor with respect to all investments by the Company or its separate accounts in each Fund prior to the date of this Agreement, as though identical separate agreements had been executed by the parties hereto on the dates as indicated below. 1. Participation Agreements dated 9/29/19988/21/2001, by and among the Company, the Underwriter and each of Variable Insurance Products Fund, Variable Insurance Products Fund II and Variable Insurance Product Fund III. Although the parties have executed this Agreement in the form of a Master Participation Agreement for administrative convenience, this Agreement shall be deemed to constitute a separate participation agreement for each Fund, as though the Company and the Distributor had executed a separate, identical form of participation agreement with each Fund. No rights, responsibilities or liabilities of any Fund shall be attributed to any other Fund.

Amendment and Restatement; Form of Agreement. This agreement shall amend, restate amend and supersede the following Agreements as of the date stated above among the Funds Funds, Underwriter and Distributor Company with respect to all investments by the Company or its separate accounts in each Fund prior to the date of this Agreement, as though identical separate agreements had been executed by the parties hereto on the dates as indicated below. 1. Participation Agreements Agreement dated 9/29/1998June 28, by and 2002, as amended, among the Company, the Underwriter and each of Variable Insurance Products Fund, Variable Insurance Products Fund II and Variable Insurance Product Fund III(I, II, III and V) In addition, the parties hereby amend and restate their agreements herein. Although the parties have executed this Agreement in the form of a Master Participation Agreement for administrative convenience, this Agreement shall be deemed to constitute create a separate participation agreement for each Fund, as though the Company and the Distributor Underwriter had executed a separate, identical form of participation agreement with each Fund. No rights, responsibilities or liabilities of any Fund shall be attributed to any other Fund.

Amendment and Restatement; Form of Agreement. This agreement shall amend, restate amend and supersede the following Agreements as of the date stated above among the Funds Funds, Underwriter and Distributor Company with respect to all investments by the Company or its separate accounts in each Fund prior to the date of this Agreement, as though identical separate agreements had been executed by the parties hereto on the dates as indicated below. 1. Participation Agreements Agreement dated 9/29/1998December 1, by and 2000, as amended, among the Company, the Underwriter and each of Variable Insurance Products Fund, Variable Insurance Products Fund II and Variable Insurance Product Fund III(I, II, III and V) In addition, the parties hereby amend and restate their agreements herein. Although the parties have executed this Agreement in the form of a Master Participation Agreement for administrative convenience, this Agreement shall be deemed to constitute create a separate participation agreement for each Fund, as though the Company and the Distributor Underwriter had executed a separate, identical form of participation agreement with each Fund. No rights, responsibilities or liabilities of any Fund shall be attributed to any other Fund.