Common use of Summary Prospectus Clause in Contracts

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows: 13.1. For purposes of this Section XIV, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. The Trust shall provide the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. The Trust shall be responsible for compliance with Rule 498(e). 13.4. The Trust represents and warrants that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. The Trust agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly notify the Insurance Company of any interruptions in availability of this Landing Page. Such Landing Page will contain the investment options available under the Agreement. 13.6. The Trust represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract owner requests for additional Trust documents made directly to the Trust. The Trust further represents and warrants that any information obtained about contract owners pursuant to this provision, will be used solely for the purposes of responding to requests for additional Trust documents. 13.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust documents made by contract owners directly to the Insurance Company or one of its affiliates. 13.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust will provide the Insurance Company with reasonable advance notice of its intent. 13.10. The Parties agree that the Insurance Company is not required to distribute summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. The Parties agree that all other provisions of this Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable.

Summary Prospectus. Should the Trust Fund and the Insurance Company Companies desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. 14.1 For purposes of this Section Article XIV., the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. 14.2 The Trust Fund shall provide provide, or cause to provide, the Insurance Company Companies with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company Companies with Statutory Prospectuses. If the Trust Fund makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 497, under the Securities Act of 1933, unless the Trust Parties agree otherwise, the Fund shall, instead of providing the Insurance Company Companies with a revised Summary Prospectus, provide the Insurance Company Companies with a supplement setting forth the changes in the Rule 497 filing. 13.3. 14.3 The Trust Fund shall be responsible for compliance with Rule 498(e). 13.4. 14.4 The Trust Fund represents and warrants that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. 14.5 The Trust Fund agrees that the URL indicated on each Summary Prospectus will lead policyholders/contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust Fund shall promptly notify the Insurance Company Companies of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. 13.6. 14.6 The Trust Fund represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving policyholder/contract owner requests for additional Trust Fund documents made directly to the TrustFund. The Trust Fund further represents and warrants that any information obtained about policyholders/contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.7. 14.7 The Insurance Company represents Companies represent and warrants warrant that it they will respond to requests for additional Trust fund documents made by policyholders/contract owners directly to the Insurance Company Companies or one of its their affiliates. 13.8. The Insurance Company represents 14.8 Companies represent and warrants warrant that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. 14.9 If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund will provide the Insurance Company Companies with reasonable advance notice of its intent. 13.10. 14.10 The Parties agree that the Insurance Company is Companies are not required to distribute summary Summary Prospectuses to its their policyholders/contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyCompanies. The Insurance Company agrees Companies agree that it they will give the Trust Fund reasonable advance notice of its their intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. 14.11 The Parties agree that all other provisions of this the Participation Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII.XIV, as applicable. 2. Schedule A of the Agreement is deleted in its entirety and replaced with the following Amended Schedule A: Accounts: Separate Account VA B Separate Account VA BNY Mutual Fund Account Separate Account VA A Separate Account VA C Separate Account VA CC Separate Account VA D Separate Account VA EE Retirement Builder Variable Annuity Account TFLIC Separate Account C Separate Account VUL-A TFLIC Series Life Account TFLIC Series Annuity Account Separate Account VA E Separate Account VA F Separate Account VUL-1 of Transamerica Life insurance Company Separate Account VUL-2 of Transamerica Life insurance Company Separate Account VUL-3 of Transamerica Life insurance Company Separate Account VUL-4 of Transamerica Life insurance Company Accounts (continued): Separate Account VUL-5 of Transamerica Life insurance Company Separate Account VUL-6 of Transamerica Life insurance Company Separate Account VA-8 Separate Account VA J TA PPVUL 1 Separate Account VA K Separate Account VA-2LNY Separate Account VA-2L Separate Account VL A AES Private Placement VA Separate Account Separate Account VA L Separate Account VA P PFL Corporate Account One Separate Account VA R Separate Account VA S Separate Account VA Q Separate Account VA HNY Separate Account VA QNY Separate Account VA W Separate Account VA WNY Separate Account VA YNY TFLIC Separate Account VNY Separate Account VA X Separate Account VA Y Separate Account VA-6 Separate Account VA-6NY Separate Account VA-7 Separate Account VL Transamerica Occidental Separate Account Two Transamerica Corporate Separate Account Sixteen Separate Account Fund B Separate Account Fund C Separate Account VA X Separate Account VA PP Separate Account VA FF Transamerica LandmarkSM Variable Annuity Transamerica LandmarkSM NY Variable Annuity The Atlas Portfolio Builder Variable Annuity Transamerica ExtraSM Variable Annuity Transamerica Access Variable Annuity Retirement Income Builder II Variable Annuity Advisor’s Edge® Variable Annuity Advisors’s Edge Select® Variable Annuity Advisor’s Edge® NY Variable Annuity Legacy Builder Plus TFLIC Financial Freedom Builder Transamerica Elite Privilege Select Variable Annuity Estate Enhancer Variable Life TransMark Optimum Choice® Variable Annuity TFLIC Freedom Elite Builder TFLIC Freedom PremierSM Immediate Income Builder II Premier Asset Builder Variable Annuity Policies (continued): TFLIC Freedom Wealth Protector Advantage V Retirement Income Builder Variable Annuity Retirement Income Builder – BAI Variable Annuity Dreyfus/Transamerica Triple Advantage® Variable Annuity (NY) Dreyfus/Transamerica Triple Advantage® Variable Annuity Advisor’s Edge Select Private Placement Transamerica Preferred Advantage Variable Annuity Portfolio Select Variable AnnuitySM Flexible Premium Variable Annuity – A Flexible Premium Variable Annuity – B Flexible Premium Variable Annuity – C Flexible Premium Variable Annuity – D Flexible Premium Variable Annuity – E Flexible Premium Variable Annuity – G TFLIC Freedom Elite Builder II Flexible Premium Variable Annuity – H Advisor’s Edge® NY Variable Annuity Flexible Premium Variable Annuity – I Flexible Premium Variable Annuity – J Flexible Premium Variable Annuity – N Flexible Premium Variable Annuity – O Flexible Premium Variable Annuity – P Flexible Premium Variable Annuity – R Flexible Premium Variable Annuity – S, under marketing name “DWS Personal Pension Variable Annuity” Flexible Premium Variable Annuity – T under marketing name “DWS Personal Pension Variable Annuity” Transamerica FreedomSM Variable Annuity TransAccumulator® VUL TransAccumulator® VUL II TransUltra® VUL Transamerica Classic® Variable Annuity (NY) Transamerica Classic® Variable Annuity Transamerica Catalyst® Variable Annuity Transamerica Bounty® Variable Annuity Inheritance Builder Plus TransEquity® TransEquity II Advantaage VI Advantage SE Advantage X TransSurvivorSM VUL Transamerica Lineage® Transamerica Tribute® Fund B Fund C The One® Income AnnuitySM MEMBERS® LandmarkSM Variable Annuity MEMBERS® FreedomSM Variable Annuity MEMBERS® ExtraSM Variable Annuity MEMBERS® LibertySM Variable Annuity Transamerica SecurePath® for Life Product

Summary Prospectus. Should the Trust AVIF (IVIF) and the Insurance Company LIFE COMPANY desire to distribute the prospectuses of the funds within the Trust AVIF (IVIF) pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. (a) For purposes of this Section XIV23., the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. The Trust (b) AVIF (IVIF) shall provide the Insurance Company provide, or cause to provide, LIFE COMPANY with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust AVIF (IVIF) provide the Insurance Company LIFE COMPANY with Statutory Prospectuses. If the Trust AVIF (IVIF) makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, unless the Trust Parties agree otherwise, AVIF (IVIF) shall, instead of providing the Insurance Company LIFE COMPANY with a revised Summary Prospectus, provide the Insurance Company LIFE COMPANY with a supplement setting forth the changes in the Rule 497 filing. 13.3. The Trust (c) AVIF (IVIF) shall be responsible for compliance with Rule 498(e). 13.4. The Trust (d) AVIF (IVIF) represents and warrants that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust AVIF (IVIF) and its series. The Trust AVIF (IVIF) further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. The Trust (e) AVIF (IVIF) agrees that the URL indicated on each Summary Prospectus will lead policyholders/contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust AVIF (IVIF) and series’ documents required to be posted in compliance with Rule 498. The Trust AVIF (IVIF) shall promptly notify the Insurance Company LIFE COMPANY of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. 13.6. The Trust (f) AVIF (IVIF) represents and warrants that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving policyholder/contract owner requests for additional Trust AVIF (IVIF) documents made directly to the TrustAVIF (IVIF). The Trust AVIF (IVIF) further represents and warrants warrant that any information obtained about policyholders/contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust AVIF (IVIF) documents. 13.7. The Insurance Company (g) LIFE COMPANY represents and warrants that it will respond to requests for additional Trust fund documents made by policyholders/contract owners directly to the Insurance Company LIFE COMPANY or one of its affiliates. 13.8. The Insurance Company (h) LIFE COMPANY represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. (i) If the Trust AVIF (IVIF) determines that it will end its use of the Summary Prospectus delivery option, the Trust AVIF (IVIF) will provide the Insurance Company LIFE COMPANY with reasonable at least 90 days’ advance notice of its intent. 13.10. (j) The Parties agree that the Insurance Company LIFE COMPANY is not required to distribute summary Summary Prospectuses to its policyholders/contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyLIFE COMPANY. The Insurance Company LIFE COMPANY agrees that it will give the Trust AVIF (IVIF) reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. (k) The Parties agree that all other provisions of this the Participation Agreement, including including, the Indemnification provisions, will apply to the terms of this Article XIIISection 23., as applicable.

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.114.1. For purposes of this Section Article XIV., the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.214.2. The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 497, under the Securities Act of 1933, unless the Parties agree otherwise, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.314.3. The Trust shall be responsible for compliance with Rule 498(e). 13.414.4. The Trust represents and warrants that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.514.5. The Trust agrees that the URL indicated on each Summary Prospectus will lead policyholders/contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly notify the Insurance Company of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. 13.614.6. The Trust represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving policyholder/contract owner requests for additional Trust documents made directly to the Trust. The Trust further represents and warrants that any information obtained about policyholders/contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.714.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by policyholders/contract owners directly to the Insurance Company or one of its affiliates. 13.814.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.914.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust will provide the Insurance Company with reasonable advance notice of its intent. 13.1014.10. The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its policyholders/contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.1114.11. The Parties agree that all other provisions of this the Participation Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII.XIV, as applicable. 3. Schedule B of the Agreement is deleted in its entirety and replaced with the following Amended Schedule B: Xxxxxxx Xxxxx Investor Choice Annuity® Investor Series Xxxxxxx Xxxxx Consults Annuity® 4. Schedule C of the Agreement is deleted in its entirety and replaced with the following Amended Schedule C: Transamerica AEGON U.S. Government Securities VP Transamerica AllianceBernstein Dynamic Allocation VP Transamerica BlackRock Large Cap Value VP Transamerica BlackRock Tactical Allocation VP Transamerica Xxxxxxxx Growth VP Transamerica JPMorgan Enhanced Index VP Transamerica JPMorgan Mid Cap Value VP Transamerica MFS International Equity VP Transamerica Xxxxxx Xxxxxxx Active International Allocation VP Transamerica Xxxxxx Xxxxxxx Growth Opportunities VP Transamerica Xxxxxx Xxxxxxx Mid-Cap Growth VP Transamerica Multi-Managed Large Cap Core VP Transamerica PIMCO Total Return VP Transamerica Systematic Small/Mid Cap Value VP Transamerica X. Xxxx Price Small Cap VP Transamerica WMC Diversified Equity VP Transamerica WMC Diversified Growth VP 5. All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. Unless otherwise specified, all defined terms shall have the same meaning given to them in the Agreement.

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. 10.1 For purposes of this Section XIVArticle X, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. 10.2 The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust shall, instead of providing shall provide the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. 10.3 The Trust shall be responsible for compliance with Rule 498(e). 13.4. 10.4 The Trust represents and warrants that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. 10.5 The Trust agrees that the URL indicated on each Summary Prospectus will lead policyholders/contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly notify post notification on the Insurance Company Landing Page of any interruptions in availability of this Landing PagePage and will promptly notify the Company of any interruptions that exist or are expected to exist for more than 48 hours excluding weekends or holidays. Such Landing Page will contain the investment options available under the Agreement. 13.6. 10.6 The Trust represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) involving policyholder/contract owner requests for additional Trust Fund documents made directly to the TrustTrust or one of its affiliates. The Trust further represents and warrants that any information obtained about policyholders/contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documentsdocuments or to comply with applicable law or a request from a governmental or regulatory body. 13.7. 10.7 The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by policyholders/contract owners directly to the Insurance Company or one of its affiliates. 13.8. The Insurance 10.8 Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. 10.9 If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust will provide the Insurance Company with reasonable at least 60 days’ advance notice of its intent. 13.10. 10.10 The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its policyholders/contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. 10.11 The Parties agree that all other provisions of this the Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable.”

Summary Prospectus. Should the Trust Fund and the Insurance Company Insurer desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows: 13.1. (a) For purposes of this Section XIVSection, the terms “Summary Prospectus” Prospectus and “Statutory Prospectus” Prospectus shall have the same meaning as set forth in Rule 498. 13.2. (b) The Trust Fund and/or the Adviser/Distributor shall provide the Insurance Company Insurer with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company Insurer with Statutory Prospectuses. If the Trust Fund makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust Fund shall, instead of providing the Insurance Company Insurer with a revised Summary Prospectus, provide the Insurance Company Insurer with a supplement setting forth the changes in the Rule 497 filing. 13.3. (c) The Trust Fund and/or the Adviser/Distributor shall be responsible for compliance with Rule 498(e). 13.4. (d) The Trust represents Fund and warrants Adviser/Distributor each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. (e) The Trust agrees Fund and Adviser/Distributor each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust Fund shall promptly immediately notify the Insurance Company Insurer’s senior counsel of any material interruptions in availability of this Landing Pageweb page. Such Landing Page will contain the investment options available under the Agreementonly insurance product funds. 13.6. (f) The Trust represents Fund and warrants Adviser/Distributor represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving contract owner requests for additional Trust Fund documents made directly to the TrustFund, Adviser/Distributor or one of their affiliates. The Trust Fund and Adviser/Distributor further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.7. (g) The Insurance Company Insurer represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company Insurer or one of its affiliates. 13.8. (h) The Insurance Company Insurer represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. (i) If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and Adviser/Distributor will provide the Insurance Company Insurer with reasonable at least 60 days’ advance notice of its intent. 13.10. (j) The Parties parties agree that all other provisions of the Agreement, including the Indemnification provisions, will apply to the terms of this Section 20., as applicable. (k) The parties agree that the Insurance Company Insurer is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyInsurer. The Insurance Company Insurer agrees that it will give Adviser/Distributor and the Trust reasonable advance Fund sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.114. The Parties agree that all other provisions Schedule A of this the Agreement, including which may be revised from time to time, with notice to all parties, is deleted in its entirety and replaced with the Indemnification provisions, will apply to the terms of this Article XIII., as applicable.attached Schedule A.

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.112.1. For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.212.2. The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, unless the Parties agree otherwise, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.312.3. The So long as the Trust and/or Underwriter provides Summary Prospectuses, the Trust and/or the Underwriter shall be responsible for compliance with Rule 498(e). 13.412.4. The So long as the Trust represents and/or Underwriter provides Summary Prospectuses, the Trust and warrants Underwriter each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust and/or Underwriter further represents and warrants that it has appropriate there are reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.512.5. The Trust agrees and Underwriter each agree that the URL indicated on each Summary Prospectus will lead contract Contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly immediately notify the Insurance Company of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. 13.612.6. The Trust represents and warrants Underwriter represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract Contract owner requests for additional Trust documents made directly to the Trust. The Trust and Underwriter further represents represent and warrants warrant that any information obtained about contract Contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.712.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by contract Contract owners directly to the Insurance Company or one of its affiliates. 13.812.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.912.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust and Underwriter will provide the Insurance Company with reasonable at least 60 days advance notice of its intent. 13.1012.10. The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract Contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Underwriter and the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.1112.11. The Parties agree that all other provisions of this the Participation Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., Section as applicable. 2. The existing 5th Whereas clause of the Agreement is hereby deleted in its entirety and replaced with the following:

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. 10.1 For purposes of this Section XIVArticle X, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. 10.2 The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust shall, instead of providing shall provide the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. 10.3 The Trust shall be responsible for compliance with Rule 498(e). 13.4. 10.4 The Trust represents and warrants that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. 10.5 The Trust agrees that the URL indicated on each Summary Prospectus will lead policyholders/contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly notify post notification on the Insurance Company Landing Page of any interruptions interruption in availability of this Landing PagePage and will promptly notify the Company of any interruptions that exist or are expected to exist for more than 48 hours excluding weekends or holidays. Such Landing Page will contain the investment options available under the Agreement. 13.6. 10.6 The Trust represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) involving policyholder/contract owner requests for additional Trust Fund documents made directly to the TrustTrust or one of its affiliates. The Trust further represents and warrants that any information obtained about policyholders/contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documentsdocuments or to comply with applicable law or a request from a governmental or regulatory body. 13.7. 10.7 The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by policyholders/contract owners directly to the Insurance Company or one of its affiliates. 13.8. The Insurance 10.8 Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. 10.9 If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust will provide the Insurance Company with reasonable at least 60 days’ advance notice of its intent. 13.10. 10.10 The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its policyholders/contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. 10.11 The Parties agree that all other provisions of this the Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable.”

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, unless the Parties agree otherwise, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. The So long as the Trust and/or Underwriter provides Summary Prospectuses, the Trust and/or the Underwriter shall be responsible for compliance with Rule 498(e). 13.4. The So long as the Trust represents and/or Underwriter provides Summary Prospectuses, the Trust and warrants Underwriter each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust and/or Underwriter further represents and warrants that it has appropriate there are reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. The Trust agrees and Underwriter each agree that the URL indicated on each Summary Prospectus will lead contract Contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly immediately notify the Insurance Company of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. 13.6. The Trust represents and warrants Underwriter represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract Contract owner requests for additional Trust documents made directly to the Trust. The Trust and Underwriter further represents represent and warrants warrant that any information obtained about contract Contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by contract Contract owners directly to the Insurance Company or one of its affiliates. 13.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust and Underwriter will provide the Insurance Company with reasonable at least 60 days advance notice of its intent. 13.10. The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract Contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Underwriter and the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. The Parties agree that all other provisions of this the Participation Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., Section as applicable. 2. The existing 6th Whereas clause of the Agreement is hereby deleted in its entirety and replaced with the following:

Summary Prospectus. Should the Trust Fund and the Insurance Company desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows: 13.1. (a) For purposes of this Section XIVSection, the terms “Summary Prospectus” Prospectus and “Statutory Prospectus” Prospectus shall have the same meaning as set forth in Rule 498. 13.2. (b) The Trust Fund and the Underwriter shall provide the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company with Statutory Prospectuses. If the Trust Fund makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust Fund shall, instead of providing the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. (c) The Trust Fund and Underwriter shall be responsible for compliance with Rule 498(e). 13.4. (d) The Trust represents Fund and warrants the Underwriter each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. (e) The Trust agrees Fund and the Underwriter each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust Fund shall promptly immediately notify the Insurance Company Company’s senior counsel of any material interruptions in availability of this Landing Pageweb page. Such Landing Page will contain the investment options available under the Agreementonly insurance product funds. 13.6. (f) The Trust represents Fund and warrants the Underwriter represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving contract owner requests for additional Trust Fund documents made directly to the TrustFund, Underwriter or one of their affiliates. The Trust Fund and/or Underwriter further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.7. (g) The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company or one of its affiliates. 13.8. (h) The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. (i) If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and the Underwriter will provide the Insurance Company with reasonable at least 60 days’ advance notice of its intent. 13.10. (j) The Parties parties agree that all other provisions of the Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable. (k) The parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Underwriter and the Trust reasonable advance Fund sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. The Parties agree that all other provisions of this Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable.

Summary Prospectus. Should the Trust AVIF(IVIF) and the Insurance Company TALICNY desire to distribute the prospectuses of the funds within the Trust AVIF(IVIF) pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. (a) For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. The Trust (b) AVIF(IVIF) shall provide the Insurance Company provide, or cause to provide, TALICNY with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust AVIF(IVIF) provide the Insurance Company TALICNY with Statutory Prospectuses. If the Trust AVIF(IVIF) makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, unless the Trust Parties agree otherwise, AVIF(IVIF) shall, instead of providing the Insurance Company TALICNY with a revised Summary Prospectus, provide the Insurance Company TALICNY with a supplement setting forth the changes in the Rule 497 filing. 13.3. The Trust (c) AVIF(IVIF) and/or Invesco shall be responsible for compliance with Rule 498(e). 13.4. The Trust represents (d) AVIF(IVIF) and warrants Invesco each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust AVIF(IVIF) and its series. The Trust AVIF(IVIF) further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. The Trust agrees (e) AVIF(IVIF) and Invesco each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust AVIF(IVIF) and series’ documents required to be posted in compliance incompliance with Rule 498. The Trust AVIF(IVIF) shall promptly notify the Insurance Company TALICNY of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. 13.6. The Trust represents (f) AVIF(IVIF) and warrants Invesco represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract owner requests for additional Trust documents made directly to the TrustAVIF(IVIF). The Trust AVIF(IVIF) and Invesco further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.7. The Insurance Company (g) TALICNY represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company TALICNY or one of its affiliates. 13.8. The Insurance Company (h) TALICNY represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. (i) If the Trust AVIF(IVIF) determines that it will end its use of the Summary Prospectus delivery option, the Trust AVIF(IVIF) and Invesco will provide the Insurance Company TALICNY with reasonable at least 90 days advance notice of its intent. 13.10. (j) The Parties agree that the Insurance Company TALICNY is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyTALICNY. The Insurance Company TALICNY agrees that it will give the Trust Invesco and AVIF(IVIF) reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. (k) The Parties agree that all other provisions of this the Participation Agreement, including the Indemnification provisions, will apply to the terms of this Article XIIISection 21., as applicable. 4. The existing third “WHEREAS” clause is deleted in its entirety and replaced with the following:

Summary Prospectus. Should the Trust Fund and the Insurance Company Insurer desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows:. 13.1. 21.1 For purposes of this Section XIV21, the terms “Summary Prospectus” Prospectus and “Statutory Prospectus” Prospectus shall have the same meaning as set forth in Rule 498. 13.2. 21.2 The Trust Fund and/or the Adviser/Distributor shall provide the Insurance Company Insurer with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company Insurer with Statutory Prospectuses. If the Trust Fund makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust Fund shall, instead of providing the Insurance Company Insurer with a revised Summary Prospectus, provide the Insurance Company Insurer with a supplement setting forth the changes in the Rule 497 filing. 13.3. 21.3 The Trust Fund and/or the Adviser/Distributor shall be responsible for compliance with Rule 498(e). 13.4. 21.4 The Trust represents Fund and warrants Adviser/Distributor each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. 21.5 The Trust agrees Fund and Adviser/Distributor each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust Fund shall promptly immediately notify the Insurance Company Insurer’s senior counsel of any material interruptions in availability of this Landing Pageweb page. Such Landing Page will contain the investment options available under the Agreementonly insurance product funds. 13.6. 21.6 The Trust represents Fund and warrants Adviser/Distributor represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving contract owner requests for additional Trust Fund documents made directly to the TrustFund, Adviser/Distributor or one of their affiliates. The Trust Fund and Adviser/Distributor further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.7. 21.7 The Insurance Company Insurer represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company Insurer or one of its affiliates. 13.8. 21.8 The Insurance Company Insurer represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. 21.9 If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and Adviser/Distributor will provide the Insurance Company Insurer with reasonable at least 60 days’ advance notice of its intent. 13.10. 21.10 The Parties parties agree that all other provisions of the Agreement, including the Indemnification provisions, will apply to the terms of this Section 21 as applicable. 21.11 The parties agree that the Insurance Company Insurer is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyInsurer. The Insurance Company Insurer agrees that it will give Adviser/Distributor and the Trust reasonable advance Fund sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.113. The Parties agree that all other provisions Schedule A of this Agreement, including the Indemnification provisions, will apply to Agreement is hereby deleted in its entirety and replaced with the terms of this Article XIII., as applicable.attached Schedule A.

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.114.1. For purposes of this Section Article XIV., the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.214.2. The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust shall, instead of providing shall provide the Insurance Company with a revised Summary ProspectusProspectus and, upon the request of the Company, provide the Insurance Company with a supplement setting forth an explanation of the changes information therein that has changed in the Rule 497 filing. 13.314.3. The Trust and/or the Advisor/Underwriter shall be responsible for compliance with Rule 498(e). 13.414.4. The Trust represents and warrants Advisor/Underwriter each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.514.5. The Trust agrees and Advisor/Underwriter each agree that the URL indicated on each Summary Prospectus will lead policyholders/contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly immediately notify the Insurance Company of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the Trust’s investment options available under the Agreement. 13.614.6. The Trust represents and warrants Advisor/Underwriter represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving policyholder/contract owner requests for additional Trust documents made directly to the Trust. The Trust and Advisor/Underwriter further represents represent and warrants warrant that any information obtained about policyholders/contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.714.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by policyholders/contract owners directly to the Insurance Company or one of its affiliates. 13.814.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.914.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust and Advisor/Underwriter will provide the Insurance Company with reasonable at least 90 days’ advance notice of its intent. 13.1014.10. The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its policyholders/contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Advisor/Underwriter and the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.1114.11. The Parties agree that all other provisions of this the Participation Agreement, including including, the Indemnification provisions, will apply to the terms of this Article XIIIXIV., as applicable. 3. Schedule A of the Agreement is hereby deleted in its entirety and replaced with the Amended Schedule A attached hereto. 4. Except as specifically amended hereby, all of the terms and conditions of the Agreement shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms.

Summary Prospectus. Should the Trust Fund and the Insurance Company Insurer desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows:. 13.1. 21.1 For purposes of this Section XIV21, the terms “Summary Prospectus” Prospectus and “Statutory Prospectus” Prospectus shall have the same meaning as set forth in Rule 498. 13.2. 21.2 The Trust Fund and/or the Adviser/Distributor shall provide the Insurance Company Insurer with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company Insurer with Statutory Prospectuses. If the Trust Fund makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust Fund shall, instead of providing the Insurance Company Insurer with a revised Summary Prospectus, provide the Insurance Company Insurer with a supplement setting forth the changes in the Rule 497 filing. 13.3. 21.3 The Trust Fund and/or the Adviser/Distributor shall be responsible for compliance with Rule 498(e). 13.4. 21.4 The Trust represents Fund and warrants Adviser/Distributor each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. 21.5 The Trust agrees Fund and Adviser/Distributor each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust Fund shall promptly immediately notify the Insurance Company Insurer’s senior counsel of any material interruptions in availability of this Landing Pageweb page. Such Landing Page will contain the investment options available under the Agreementonly insurance product funds. 13.6. 21.6 The Trust represents Fund and warrants Adviser/Distributor represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving contract owner requests for additional Trust Fund documents made directly to the TrustFund, Adviser/Distributor or one of their affiliates. The Trust Fund and Adviser/Distributor further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.7. 21.7 The Insurance Company Insurer represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company Insurer or one of its affiliates. 13.8. 21.8 The Insurance Company Insurer represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. 21.9 If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and Adviser/Distributor will provide the Insurance Company Insurer with reasonable at least 60 days’ advance notice of its intent. 13.10. 21.10 The Parties parties agree that all other provisions of the Agreement, including the Indemnification provisions, will apply to the terms of this Section 21 as applicable. 21.11 The parties agree that the Insurance Company Insurer is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyInsurer. The Insurance Company Insurer agrees that it will give Adviser/Distributor and the Trust reasonable advance Fund sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.113. The Parties agree that all other provisions Schedule A of this Agreement, including the Indemnification provisions, will apply to Agreement is hereby deleted in its entirety and replaced with the terms of this Article XIII., as applicable.following:

Summary Prospectus. Should the Trust Fund and the Insurance Company desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows: 13.1. (a) For purposes of this Section XIVSection, the terms “Summary Prospectus” Prospectus and “Statutory Prospectus” Prospectus shall have the same meaning as set forth in Rule 498. 13.2. (b) The Trust Fund and/or the Underwriter shall provide the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company with Statutory Prospectuses. If the Trust Fund makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust Fund shall, instead of providing the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. (c) The Trust Fund and/or the Underwriter shall be responsible for compliance with Rule 498(e). 13.4. (d) The Trust represents Fund and/or the Underwriter each represent and warrants warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. (e) The Trust agrees Fund and/or the Underwriter each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust Fund shall promptly immediately notify the Insurance Company Company’s senior counsel of any material interruptions in availability of this Landing Pageweb page. Such Landing Page will contain the investment options available under the Agreementonly insurance product funds. 13.6. (f) The Trust represents Fund and/or the Underwriter represent and warrants warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving contract owner requests for additional Trust Fund documents made directly to the TrustFund, the Adviser/Underwriter, or one of their affiliates. The Trust Fund and Underwriter further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.7. (g) The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company or one of its affiliates. 13.8. (h) The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. (i) If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and Underwriter will provide the Insurance Company with reasonable at least 60 days’ advance notice of its intent. 13.10. (j) The Parties parties agree that all other provisions of the Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable. (k) The parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Underwriter and the Trust reasonable advance Fund sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.115. The Parties parties agree that to combine existing Schedule A and Schedule B into a single schedule, hereby referenced as Schedule A, which may be revised with notice to all other provisions parties. Schedule A and Schedule B of this Agreement, including the Indemnification provisions, will apply Agreement are hereby deleted in their entirety and replaced with the attached Schedule A. Schedule C to the terms of this Article XIII., as applicable.Agreement is renamed Schedule B. All references to Schedule B in the Agreement are hereafter a reference to Schedule A. All references to Schedule C in the Agreement are hereafter a reference to Schedule B.

Summary Prospectus. Should the Trust Fund and the Insurance Company Insurer desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows:. 13.1. 21.1 For purposes of this Section XIV21, the terms “Summary Prospectus” Prospectus and “Statutory Prospectus” Prospectus shall have the same meaning as set forth in Rule 498. 13.2. 21.2 The Trust Fund and/or the Adviser/Distributor shall provide the Insurance Company Insurer with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company Insurer with Statutory Prospectuses. If the Trust Fund makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust Fund shall, instead of providing the Insurance Company Insurer with a revised Summary Prospectus, provide the Insurance Company Insurer with a supplement setting forth the changes in the Rule 497 filing. 13.3. 21.3 The Trust Fund and/or the Adviser/Distributor shall be responsible for compliance with Rule 498(e). 13.4. 21.4 The Trust represents Fund and warrants Adviser/Distributor each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. 21.5 The Trust agrees Fund and Adviser/Distributor each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust Fund shall promptly immediately notify the Insurance Company Insurer’s senior counsel of any material interruptions in availability of this Landing Pageweb page. Such Landing Page will contain the investment options available under the Agreementonly insurance product funds. 13.6. 21.6 The Trust represents Fund and warrants Adviser/Distributor represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving contract owner requests for additional Trust Fund documents made directly to the TrustFund, Adviser/Distributor or one of their affiliates. The Trust Fund and Adviser/Distributor further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.7. 21.7 The Insurance Company Insurer represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company Insurer or one of its affiliates. 13.8. 21.8 The Insurance Company Insurer represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. 21.9 If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and Adviser/Distributor will provide the Insurance Company Insurer with reasonable at least 60 days’ advance notice of its intent. 13.10. 21.10 The Parties parties agree that all other provisions of the Agreement, including the Indemnification provisions, will apply to the terms of this Section 21 as applicable. 21.11 The parties agree that the Insurance Company Insurer is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyInsurer. The Insurance Company Insurer agrees that it will give Adviser/Distributor and the Trust reasonable advance Fund sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.113. The Parties agree that Schedule A of the Agreement is hereby deleted in its entirety and replaced with the following Schedule A. Separate Account VA BNY September 27, 1994 33 Act File No. 033-83560 40 Act File No. 811-08750 (Transamerica LandmarkSM NY Variable Annuity) • AllianceBernstein Growth and Income Portfolio – Class B • AllianceBernstein Large Cap Growth Portfolio – Class B • AllianceBernstein Balanced Wealth Strategy Portfolio – Class B TFLIC Separate Account VNY December 14, 2004 33 Act File No. 333-122235 40 Act File No. 811-21703 (Advisor’s Edge® NY Variable Annuity) • AllianceBernstein Growth Portfolio – Class B • AllianceBernstein Large Cap Growth Portfolio – Class B • AllianceBernstein Global Thematic Growth Portfolio – Class B Separate Account VA-6NY September 11, 1996 33 Act File No. 333-108498 40 Act File No. 811-08677 (Transamerica Classic® Variable Annuity) • AllianceBernstein Growth and Income Portfolio – Class A • AllianceBernstein Large Cap Growth Portfolio – Class A Separate Account VA WNY August 31, 2004 33 Act File No.333-120125 40 Act File No. 811-21663 (Flexible Premium Variable Annuity – H under the marketing name “Transamerica LibertySM NY Variable Annuity”) • AllianceBernstein Growth and Income Portfolio – Class B • AllianceBernstein Large Cap Growth Portfolio – Class B • AllianceBernstein Balanced Wealth Strategy Portfolio - Class B Separate Account VA YNY September 13, 2007 33 Act File No. 333-147041 40 Act File No. 811-22138 (Flexible Premium Variable Annuity – N under the marketing name “Transamerica AxiomSM NY Variable Annuity”) • AllianceBernstein Growth and Income Portfolio – Class B • AllianceBernstein Large Cap Growth Portfolio – Class B • AllianceBernstein Balanced Wealth Strategy Portfolio – Class B TFLIC Series Life Account October 24, 1994 40 Act File No. 811-8878 (For all Contracts) 33 Act File No. 333-61654 (TFLIC Freedom Elite Builder) 33 Act File No. 333-113442 (TFLIC Freedom Elite Builder II) 33 Act File No. 033-86696 (TFLIC Freedom Wealth Protector) • AllianceBernstein Balanced Wealth Strategy Portfolio – Class B Separate Account VA PP March 29, 2011 40 Act File No. (imminent) 33 Act File No. (imminent) (Flexible Premium Variable Annuity – R under the marketing name “Transamerica Advisor EliteSM Variable Annuity (NY”) • AllianceBernstein Balanced Wealth Strategy Portfolio – Class B All other terms and provisions of this Agreementthe Agreement not amended herein shall remain in full force and effect. Effective Date: May 1, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable.2011

Summary Prospectus. Should the Trust Fund and the Insurance Company Insurer desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows: 13.1. (a) For purposes of this Section XIVSection, the terms “Summary Prospectus” Prospectus and “Statutory Prospectus” Prospectus shall have the same meaning as set forth in Rule 498. 13.2. (b) The Trust Fund and/or the Adviser/Distributor shall provide the Insurance Company Insurer with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company Insurer with Statutory Prospectuses. If the Trust Fund makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust Fund shall, instead of providing the Insurance Company Insurer with a revised Summary Prospectus, provide the Insurance Company Insurer with a supplement setting forth the changes in the Rule 497 filing. 13.3. (c) The Trust Fund and/or the Adviser/Distributor shall be responsible for compliance with Rule 498(e). 13.4. (d) The Trust represents Fund and warrants Adviser/Distributor each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. (e) The Trust agrees Fund and Adviser/Distributor each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust Fund shall promptly immediately notify the Insurance Company Insurer’s senior counsel of any material interruptions in availability of this Landing Pageweb page. Such Landing Page will contain the investment options available under the Agreementonly insurance product funds. 13.6. (f) The Trust represents Fund and warrants Adviser/Distributor represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving contract owner requests for additional Trust Fund documents made directly to the TrustFund, Adviser/Distributor or one of their affiliates. The Trust Fund and Adviser/Distributor further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.7. (g) The Insurance Company Insurer represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company Insurer or one of its affiliates. 13.8. (h) The Insurance Company Insurer represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. (i) If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and Adviser/Distributor will provide the Insurance Company Insurer with reasonable at least 60 days’ advance notice of its intent. 13.10. (j) The Parties parties agree that all other provisions of the Agreement, including the Indemnification provisions, will apply to the terms of this Section 21 as applicable. (k) The parties agree that the Insurance Company Insurer is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyInsurer. The Insurance Company Insurer agrees that it will give Adviser/Distributor and the Trust reasonable advance Fund sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. The Parties agree that all other provisions of this Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable.

Summary Prospectus. Should the Trust Fund and the Insurance Company Insurer desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498”), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows:. 13.1. 21.1 For purposes of this Section XIV21, the terms “Summary Prospectus” Prospectus and “Statutory Prospectus” Prospectus shall have the same meaning as set forth in Rule 498. 13.2. 21.2 The Trust Fund and/or the Adviser/Distributor shall provide the Insurance Company Insurer with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company Insurer with Statutory Prospectuses. If the Trust Fund makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust Fund shall, instead of providing the Insurance Company Insurer with a revised Summary Prospectus, provide the Insurance Company Insurer with a supplement setting forth the changes in the Rule 497 filing. 13.3. 21.3 The Trust Fund and/or the Adviser/Distributor shall be responsible for compliance with Rule 498(e). 13.4. 21.4 The Trust represents Fund and warrants Adviser/Distributor each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. 21.5 The Trust agrees Fund and Adviser/Distributor each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust Fund shall promptly immediately notify the Insurance Company Insurer’s senior counsel of any material interruptions in availability of this Landing Pageweb page. Such Landing Page will contain the investment options available under the Agreementonly insurance product funds. 13.6. 21.6 The Trust represents Fund and warrants Adviser/Distributor represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving contract owner requests for additional Trust Fund documents made directly to the TrustFund, Adviser/Distributor or one of their affiliates. The Trust Fund and Adviser/Distributor further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.7. 21.7 The Insurance Company Insurer represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company Insurer or one of its affiliates. 13.8. 21.8 The Insurance Company Insurer represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. 21.9 If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and Adviser/Distributor will provide the Insurance Company Insurer with reasonable at least 60 days’ advance notice of its intent. 13.10. 21.10 The Parties parties agree that all other provisions of the Agreement, including the Indemnification provisions, will apply to the terms of this Section 21 as applicable. 21.11 The parties agree that the Insurance Company Insurer is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyInsurer. The Insurance Company Insurer agrees that it will give Adviser/Distributor and the Trust reasonable advance Fund sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.113. The Parties agree that Schedule A of the Agreement is hereby deleted in its entirety and replaced with the following Schedule A. Separate Account VA BNY September 27, 1994 33 Act File No. 033-83560 40 Act File No. 811-08750 (Transamerica LandmarkSM NY Variable Annuity) — AllianceBernstein Growth and Income Portfolio – Class B — AllianceBernstein Large Cap Growth Portfolio – Class B — AllianceBernstein Balanced Wealth Strategy Portfolio – Class B TFLIC Separate Account VNY December 14, 2004 33 Act File No. 333-122235 40 Act File No. 811-21703 (Advisor’s Edge® NY Variable Annuity) — AllianceBernstein Growth Portfolio – Class B — AllianceBernstein Large Cap Growth Portfolio – Class B — AllianceBernstein Global Thematic Growth Portfolio – Class B Separate Account VA-6NY September 11, 1996 33 Act File No. 333-108498 40 Act File No. 811-08677 (Transamerica Classic® Variable Annuity) — AllianceBernstein Growth and Income Portfolio – Class A — AllianceBernstein Large Cap Growth Portfolio – Class A Separate Account VA WNY August 31, 2004 33 Act File No.333-120125 40 Act File No. 811-21663 (Flexible Premium Variable Annuity – H under the marketing name “Transamerica LibertySM NY Variable Annuity”) — AllianceBernstein Growth and Income Portfolio – Class B — AllianceBernstein Large Cap Growth Portfolio – Class B — AllianceBernstein Balanced Wealth Strategy Portfolio - Class B Separate Account VA YNY September 13, 2007 33 Act File No. 333-147041 40 Act File No. 811-22138 (Flexible Premium Variable Annuity – N under the marketing name “Transamerica AxiomSM NY Variable Annuity”) — AllianceBernstein Growth and Income Portfolio – Class B — AllianceBernstein Large Cap Growth Portfolio – Class B — AllianceBernstein Balanced Wealth Strategy Portfolio – Class B TFLIC Series Life Account October 24, 1994 40 Act File No. 811-8878 (For all Contracts) 33 Act File No. 333-61654 (TFLIC Freedom Elite Builder) 33 Act File No. 333-113442 (TFLIC Freedom Elite Builder II) 33 Act File No. 033-86696 (TFLIC Freedom Wealth Protector) — AllianceBernstein Balanced Wealth Strategy Portfolio – Class B Separate Account VA PP March 29, 2011 40 Act File No. (imminent) 33 Act File No. (imminent) (Flexible Premium Variable Annuity – R under the marketing name “Transamerica Advisor EliteSM Variable Annuity (NY”) — AllianceBernstein Balanced Wealth Strategy Portfolio – Class B All other terms and provisions of this Agreementthe Agreement not amended herein shall remain in full force and effect. Effective Date: May 1, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable.2011

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.115.1. For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.215.2. The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses and any supplements thereto in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, upon the Company’s request, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, shall provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filingfiling instead of providing the Company with a revised Summary Prospectus,. 13.315.3. The Trust and/or the PIM/PFD shall be responsible for compliance with Rule 498(e). 13.415.4. The Trust represents and warrants PIM/PFD each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.515.5. The Trust agrees and PIM/PFD each agree that the URL indicated on each Summary Prospectus will lead contract Contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly notify the Insurance Company of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. 13.615.6. The Trust represents and warrants PIM/PFD represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract Contract owner requests for additional Trust documents made directly to the Trust. The Trust and PIM/PFD further represents represent and warrants warrant that any information obtained about contract Contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.715.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by contract Contract owners directly to the Insurance Company or one of its affiliates. 13.815.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.915.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust and PIM/PFD will provide the Insurance Company with reasonable at least 90 days’ advance notice of its intent. 13.1015.10. The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract Contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give PIM/PFD and the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.1115.11. The Parties agree that all other provisions of this the Participation Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., Section as applicable. 2. Schedule A of the agreement is hereby deleted in its entirety and replaced with the attached Schedule A.

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust Series pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. (a) For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. (b) The Trust Series shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. (c) The Trust Series and/or CRMC shall be responsible for compliance with Rule 498(e). 13.4. (d) The Trust represents Series and warrants CRMC each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Series and its seriesFunds. The Trust Series and CRMC each further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. (e) The Trust agrees Series and CRMC each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust Funds’ and seriesSeries’ documents required to be posted in compliance with Rule 498. The Trust Series or CRMC shall promptly notify the Insurance Company of any unexpected interruptions in availability of this Landing PagePage that last more than 24 hours promptly upon the Series’ or CRMC’s discovery of any such interruption. Such Landing Page will contain host the investment Summary Prospectus for the Fund and share class options available under the Agreement. 13.6(f) The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f) (1) involving contract owner requests for additional Fund documents made directly to the Series, CRMC or their affiliates. The Trust Series and CRMC further represent and warrant that any information obtained about contract owners pursuant to this provision will be used solely for the purposes of responding to requests for additional Fund documents. (g) The Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract owner requests for additional Trust documents made directly to the Trust. The Trust further represents and warrants that any information obtained about contract owners pursuant to this provision, will be used solely for the purposes of responding to requests for additional Trust documents. 13.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust Fund documents made by contract owners directly to the Insurance Company or one of its affiliates. 13.8. The Insurance (h) Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. (i) If the Trust Series determines that it will end its use of the Summary Prospectus delivery option, the Trust Series or CRMC will provide the Insurance Company with reasonable at least 60 days’ advance notice of its intent. 13.10. (j) The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give the Trust Series and CRMC reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. (k) The Parties agree that all other provisions of this the Agreement, as amended, including the Indemnification provisions, will apply to the terms of this Article XIII., Section as applicable.

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.115.1. For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.215.2. The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses and any supplements thereto in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, upon the Company’s request, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, shall provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filingfiling instead of providing the Company with a revised Summary Prospectus. 13.315.3. The Trust and/or the PIM/PFD shall be responsible for compliance with Rule 498(e). 13.415.4. The Trust represents and warrants PIM/PFD each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.515.5. The Trust agrees and PIM/PFD each agree that the URL indicated on each Summary Prospectus will lead contract Contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly notify the Insurance Company of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. 13.615.6. The Trust represents and warrants PIM/PFD represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract Contract owner requests for additional Trust documents made directly to the Trust. The Trust and PIM/PFD further represents represent and warrants warrant that any information obtained about contract Contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.715.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by contract Contract owners directly to the Insurance Company or one of its affiliates. 13.815.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.915.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust and PIM/PFD will provide the Insurance Company with reasonable at least 90 days’ advance notice of its intent. 13.1015.10. The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract Contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give PIM/PFD and the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.1115.11. The Parties agree that all other provisions of this the Participation Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., Section as applicable. 2. Schedule A of the agreement is hereby deleted in its entirety and replaced with the attached Schedule A.

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, unless the Parties agree otherwise, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectusin its discretion, provide the Insurance Company with such revised Summary Prospectus or a supplement setting forth the changes in the Rule 497 filing. 13.3. The Trust shall be responsible for compliance with Rule 498(e). 13.4. The Trust represents and warrants that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. The Trust agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly notify the Insurance Company of any interruptions in availability of this Landing Page. Such Landing Page will contain the investment options available under the Agreement. 13.6. The Trust represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract Contract owner requests for additional Trust documents made directly to the Trust. The Trust further represents and warrants that any information obtained about contract Contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.6. The Company represents and warrants that it will comply with the requirements of Rule 498 and applicable law in connection with the delivery of the Summary Prospectuses. 13.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by contract Contract owners directly to the Insurance Company or one of its affiliates. 13.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust will provide the Insurance Company with reasonable advance notice of its intent. 13.10. The Parties agree that the Insurance Company is not required to distribute summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. The Parties agree that all other provisions of this Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable.

Summary Prospectus. Should the Trust Fund and the Insurance Company Insurer desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows: 13.1. (a) For purposes of this Section XIVSection, the terms “Summary Prospectus” Prospectus and “Statutory Prospectus” Prospectus shall have the same meaning as set forth in Rule 498. 13.2. (b) The Trust Fund and/or the Adviser/Distributor shall provide the Insurance Company Insurer with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company Insurer with Statutory Prospectuses. If the Trust Fund makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust Fund shall, instead of providing the Insurance Company Insurer with a revised Summary Prospectus, provide the Insurance Company Insurer with a supplement setting forth the changes in the Rule 497 filing. 13.3. (c) The Trust Fund and/or the Adviser/Distributor shall be responsible for compliance with Rule 498(e). 13.4. (d) The Trust represents Fund and warrants Adviser/Distributor each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. (e) The Trust agrees Fund and Adviser/Distributor each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust Fund shall promptly immediately notify the Insurance Company Insurer’s senior counsel of any material interruptions in availability of this Landing Pageweb page. Such Landing Page will contain the investment options available under the Agreementonly insurance product funds. 13.6. (f) The Trust represents Fund and warrants Adviser/Distributor represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving contract owner requests for additional Trust Fund documents made directly to the TrustFund, Adviser/Distributor or one of their affiliates. The Trust Fund and Adviser/Distributor further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.7. (g) The Insurance Company Insurer represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company Insurer or one of its affiliates. 13.8. (h) The Insurance Company Insurer represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. (i) If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and Adviser/Distributor will provide the Insurance Company Insurer with reasonable at least 60 days’ advance notice of its intent. 13.10. (j) The Parties parties agree that all other provisions of the Agreement, including the Indemnification provisions, will apply to the terms of this Section 20., as applicable. (k) The parties agree that the Insurance Company Insurer is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyInsurer. The Insurance Company Insurer agrees that it will give Adviser/Distributor and the Trust reasonable advance Fund sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.114. The Parties agree that all other provisions Schedule A of this the Agreement, including the Indemnification provisionswhich may be revised from time to time, will apply with notice to the terms of this Article XIII.all parties, as applicable.is deleted in its entirety and replaced with attached Schedule A.

Summary Prospectus. Should the Trust AVIF (IVIF) and the Insurance Company LIFE COMPANY desire to distribute the prospectuses of the funds within the Trust AVIF (IVIF) pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. (a) For purposes of this Section XIV23., the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. The Trust (b) AVIF (IVIF) shall provide the Insurance Company provide, or cause to provide, LIFE COMPANY with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust AVIF (IVIF) provide the Insurance Company LIFE COMPANY with Statutory Prospectuses. If the Trust AVIF (IVIF) makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, unless the Trust Parties agree otherwise, AVIF (IVIF) shall, instead of providing the Insurance Company LIFE COMPANY with a revised Summary Prospectus, provide the Insurance Company LIFE COMPANY with a supplement setting forth the changes in the Rule 497 filing. 13.3. The Trust (c) AVIF (IVIF) and/or the UNDERWRITER shall be responsible for compliance with Rule 498(e). 13.4. The Trust represents (d) AVIF (IVIF) and warrants UNDERWRITER each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust AVIF (IVIF) and its series. The Trust AVIF (IVIF) further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. The Trust agrees (e) AVIF (IVIF) and UNDERWRITER each agree that the URL indicated on each Summary Prospectus will lead policyholders/contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust AVIF (IVIF) and series’ documents required to be posted in compliance with Rule 498. The Trust AVIF (IVIF) shall promptly immediately notify the Insurance Company LIFE COMPANY of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. LIFE COMPANY of any interruptions in availability of this Landing Page that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. 13.6. The Trust represents (f) AVIF (IVIF) and warrants UNDERWRITER represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving policyholder/contract owner requests for additional Trust AVIF (IVIF) documents made directly to the TrustAVIF (IVIF). The Trust AVIF (IVIF) and UNDERWRITER further represents represent and warrants warrant that any information obtained about policyholders/contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust AVIF (IVIF) documents. 13.7. The Insurance Company (g) LIFE COMPANY represents and warrants that it will respond to requests for additional Trust fund documents made by policyholders/contract owners directly to the Insurance Company LIFE COMPANY or one of its affiliates. 13.8. The Insurance Company (h) LIFE COMPANY represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. (i) If the Trust AVIF (IVIF) determines that it will end its use of the Summary Prospectus delivery option, the Trust AVIF (IVIF) and UNDERWRITER will provide the Insurance Company LIFE COMPANY with reasonable at least 90 days’ advance notice of its intent. 13.10. (j) The Parties agree that the Insurance Company LIFE COMPANY is not required to distribute summary Summary Prospectuses to its policyholders/contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyLIFE COMPANY. The Insurance Company LIFE COMPANY agrees that it will give the Trust UNDERWRITER and AVIF (IVIF) reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. (k) The Parties agree that all other provisions of this the Participation Agreement, including including, the Indemnification provisions, will apply to the terms of this Article XIIISection 23., as applicable.

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds Portfolios within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. (a) For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. The (b) Trust shall provide the Insurance provide, or cause to provide, Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, unless the Parties agree otherwise, Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, shall provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. The (c) Trust shall be responsible for compliance with Rule 498(e). 13.4. The (d) Trust represents and warrants that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. The (e) Trust agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly notify post notification on the Insurance Company Landing Page of any interruptions interruption in availability of this Landing PagePage and will promptly notify the Company of any interruptions that exist or are expected to exist for more than 48 hours excluding weekends and holidays. Such Landing Page will contain the investment options available under the Agreement. 13.6. The (f) Trust represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract owner requests for additional Trust documents made directly to the Trust. The Trust further represents and warrants that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documentsdocuments or to comply with applicable law or a request from a governmental or regulatory body. 13.7. The Insurance (g) Company represents and warrants that it will respond to requests for additional Trust documents made by contract owners directly to the Insurance Company or one of its affiliates. 13.8. The Insurance (h) Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. (i) If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust will provide the Insurance Company with reasonable at least 60 days advance notice of its intent. 13.10. (j) The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. (k) The Parties agree that all other provisions of this the Participation Agreement, including the Indemnification provisions, will apply to the terms of this Article XIIIXV., as applicable.” 3. The parties agree to combine existing Schedule 1 and Schedule 2 into a single schedule, hereby referenced as Schedule 1, which may be revised from time to time, with notice to all parties pursuant to Section 11.1. Schedule 1 and Schedule 2 of the Agreement are hereby deleted in their entirety and replaced with the attached Schedule 1. All references to Schedule 2 in the Agreement are hereafter a reference to Schedule 1.

Summary Prospectus. Should the Trust Fund and the Insurance Company Insurer desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows:. 13.1. 21.1 For purposes of this Section XIV21, the terms “Summary Prospectus” Prospectus and “Statutory Prospectus” Prospectus shall have the same meaning as set forth in Rule 498. 13.2. 21.2 The Trust Fund and/or the Adviser/Distributor shall provide the Insurance Company Insurer with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company Insurer with Statutory Prospectuses. If the Trust Fund makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust Fund shall, instead of providing the Insurance Company Insurer with a revised Summary Prospectus, provide the Insurance Company Insurer with a supplement setting forth the changes in the Rule 497 filing. 13.3. 21.3 The Trust Fund and/or the Adviser/Distributor shall be responsible for compliance with Rule 498(e). 13.4. 21.4 The Trust represents Fund and warrants Adviser/Distributor each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. 21.5 The Trust agrees Fund and Adviser/Distributor each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust Fund shall promptly immediately notify the Insurance Company Insurer’s senior counsel of any material interruptions in availability of this Landing Pageweb page. Such Landing Page will contain the investment options available under the Agreementonly insurance product funds. 13.6. 21.6 The Trust represents Fund and warrants Adviser/Distributor represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving contract owner requests for additional Trust Fund documents made directly to the TrustFund, Adviser/Distributor or one of their affiliates. The Trust Fund and Adviser/Distributor further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.7. 21.7 The Insurance Company Insurer represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company Insurer or one of its affiliates. 13.8. 21.8 The Insurance Company Insurer represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. 21.9 If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and Adviser/Distributor will provide the Insurance Company Insurer with reasonable at least 60 days’ advance notice of its intent. 13.10. 21.10 The Parties parties agree that all other provisions of the Agreement, including the Indemnification provisions, will apply to the terms of this Section 21 as applicable. 21.11 The parties agree that the Insurance Company Insurer is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance CompanyInsurer. The Insurance Company Insurer agrees that it will give Adviser/Distributor and the Trust reasonable advance Fund sufficient notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.113. The Parties agree that Schedule A of the Agreement is hereby deleted in its entirety and replaced with the following Schedule A. Separate Account VA BNY September 27, 1994 33 Act File No. 033-83560 40 Act File No. 811-08750 (Transamerica LandmarkSM NY Variable Annuity) · AllianceBernstein Growth and Income Portfolio – Class B · AllianceBernstein Large Cap Growth Portfolio – Class B · AllianceBernstein Balanced Wealth Strategy Portfolio – Class B TFLIC Separate Account VNY December 14, 2004 33 Act File No. 333-122235 40 Act File No. 811-21703 (Advisor’s Edge® NY Variable Annuity) · AllianceBernstein Growth Portfolio – Class B · AllianceBernstein Large Cap Growth Portfolio – Class B · AllianceBernstein Global Thematic Growth Portfolio – Class B Separate Account VA-6NY September 11, 1996 33 Act File No. 333-108498 40 Act File No. 811-08677 (Transamerica Classic® Variable Annuity) · AllianceBernstein Growth and Income Portfolio – Class A · AllianceBernstein Large Cap Growth Portfolio – Class A Separate Account VA WNY August 31, 2004 33 Act File No.333-120125 40 Act File No. 811-21663 (Flexible Premium Variable Annuity – H under the marketing name “Transamerica LibertySM NY Variable Annuity”) · AllianceBernstein Growth and Income Portfolio – Class B · AllianceBernstein Large Cap Growth Portfolio – Class B · AllianceBernstein Balanced Wealth Strategy Portfolio - Class B Separate Account VA YNY September 13, 2007 33 Act File No. 333-147041 40 Act File No. 811-22138 (Flexible Premium Variable Annuity – N under the marketing name “Transamerica AxiomSM NY Variable Annuity”) · AllianceBernstein Growth and Income Portfolio – Class B · AllianceBernstein Large Cap Growth Portfolio – Class B · AllianceBernstein Balanced Wealth Strategy Portfolio – Class B TFLIC Series Life Account October 24, 1994 40 Act File No. 811-8878 (For all Contracts) 33 Act File No. 333-61654 (TFLIC Freedom Elite Builder) 33 Act File No. 333-113442 (TFLIC Freedom Elite Builder II) 33 Act File No. 033-86696 (TFLIC Freedom Wealth Protector) · AllianceBernstein Balanced Wealth Strategy Portfolio – Class B Separate Account VA PP March 29, 2011 40 Act File No. (imminent) 33 Act File No. (imminent) (Flexible Premium Variable Annuity – R under the marketing name “Transamerica Advisor EliteSM Variable Annuity (NY”) · AllianceBernstein Balanced Wealth Strategy Portfolio – Class B All other terms and provisions of this Agreementthe Agreement not amended herein shall remain in full force and effect. Effective Date: May 1, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable.2011

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.114.1. For purposes of this Section XIVArticle XV, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.214.2. The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust shall, instead of providing shall provide the Insurance Company with a revised Summary ProspectusProspectus and, upon the request of the Company, provide the Insurance Company with a supplement setting forth an explanation of the changes information therein that has changed in the Rule 497 filing. 13.314.3. The Trust and/or the Distributor shall be responsible for compliance with Rule 498(e). 13.414.4. The Trust represents and warrants Distributor each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.514.5. The Trust agrees and Distributor each agree that the URL indicated on each Summary Prospectus will lead policyholders/contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly immediately notify the Insurance Company of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the Trust’s investment options available under the Agreement. 13.614.6. The Trust represents and warrants Distributor represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving policyholder/contract owner requests for additional Trust documents made directly to the Trust. The Trust and Distributor further represents represent and warrants warrant that any information obtained about policyholders/contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.714.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by policyholders/contract owners directly to the Insurance Company or one of its affiliates. 13.814.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.914.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust and Distributor will provide the Insurance Company with reasonable at least 90 days’ advance notice of its intent. 13.1014.10. The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its policyholders/contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Advisor/Underwriter and the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.1114.11. The Parties agree that all other provisions of this the Participation Agreement, including including, the Indemnification provisions, will apply to the terms of this Article XIIIXIV., as applicable.,

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.115.1. For purposes of this Section XIVArticle XV, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.215.2. The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust shall, instead of providing shall provide the Insurance Company with a revised Summary ProspectusProspectus and, upon the request of the Company, provide the Insurance Company with a supplement setting forth an explanation of the changes information therein that has changed in the Rule 497 filing. 13.315.3. The Trust and/or the Distributor shall be responsible for compliance with Rule 498(e). 13.415.4. The Trust represents and warrants Distributor each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.515.5. The Trust agrees and Distributor each agree that the URL indicated on each Summary Prospectus will lead policyholders/contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly immediately notify the Insurance Company of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the Trust’s investment options available under the Agreement. 13.615.6. The Trust represents and warrants Distributor represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving policyholder/contract owner requests for additional Trust documents made directly to the Trust. The Trust and Distributor further represents represent and warrants warrant that any information obtained about policyholders/contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.715.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by policyholders/contract owners directly to the Insurance Company or one of its affiliates. 13.815.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.915.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust and Distributor will provide the Insurance Company with reasonable at least 90 days’ advance notice of its intent. 13.1015.10. The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its policyholders/contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Distributor and the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.1115.11. The Parties agree that all other provisions of this the Participation Agreement, including including, the Indemnification provisions, will apply to the terms of this Article XIIIXIV., as applicable.,

Summary Prospectus. Should the Trust Fund and the Insurance Company desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.114.1. For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.214.2. The Trust Fund shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company with Statutory Prospectuses. 14.3. If the Trust makes any changes Except as otherwise provided herein, if and to the extent that the Fund or the Adviser issues a Summary Prospectus for use by way of a filing pursuant to Rule 497 under the Securities Act of 1933, Company in connection with the Trust shall, instead of providing Agreement the Insurance Company with a revised Summary Prospectus, provide Fund and/or the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. The Trust Adviser shall be responsible for compliance ensuring that any Summary Prospectus complies in all material respects with the requirements of Rule 498(e498 (b) and (e). 13.414.4. The Trust represents Fund and warrants Adviser each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.514.5. The Trust agrees Fund and Adviser each agree that the URL indicated on each Summary Prospectus will lead contract Contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly Fund will notify Company within a reasonable amount of time in the Insurance Company event any of the requirements of Rule 498 paragraph (e) are not met for any interruptions reason including any non-routine or extended interruption in the availability of this Landing Pagethe web site on which any documents of a nature referred to in Rule 498 paragraph (e)are posted by the Fund or Adviser. Such Landing Page will contain the investment options available under the Agreement. 13.614.6. The Trust represents Fund and warrants Adviser represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract Contract owner requests for additional Trust Fund documents made directly to the TrustFund. The Trust Fund and Adviser further represents represent and warrants warrant that any information obtained about contract Contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.714.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by contract Contract owners directly to the Insurance Company or one of its affiliates. Company further represents and warrants that it will comply with the provisions of Rule 498(f)(1) to the extent of responding to contract owner requests for additional fund documents made directly to the Company or one of its affiliates, additionally Company will comply with Rule 498(f)(2). 13.814.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses for which Company is responsible, will be done in compliance with Rule 498. 13.914.9. If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and Adviser will provide the Insurance Company with reasonable at least 90 days’ advance notice of its intent. 13.1014.10. The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract Contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Adviser and the Trust Fund reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.1114.11. The Parties agree that all other provisions of this the Participation Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., Section as applicable. 2. Replace the 6th Whereas clause with the following:

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 (“Rule 498), the roles and responsibilities for complying with Rule 498 and other applicable laws are set forth as follows: 13.1. For purposes of this Section XIV, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. The Trust shall provide the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. The Trust shall be responsible for compliance with Rule 498(e). 13.4. The Trust represents and warrants that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust further represents and warrants that it has appropriate policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. The Trust agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), and that such web page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly notify the Insurance Company of any interruptions in availability of this Landing Page. Such Landing Page will contain the investment options available under the Agreement. 13.6. The Trust represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(l) involving contract owner requests for additional Trust documents made directly to the Trust. The Trust further represents and warrants that any information obtained about contract owners pursuant to this provision, will be used solely for the purposes of responding to requests for additional Trust documents. 13.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust documents made by contract owners directly to the Insurance Company or one of its affiliates. 13.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust will provide the Insurance Company with reasonable advance notice of its intent. 13.10. The Parties agree that the Insurance Company is not required to distribute summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. The Parties agree that all other provisions of this Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., as applicable.

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust Series pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. (a) For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. (b) The Trust Series shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. (c) The Trust Series and/or CRMC shall be responsible for compliance with Rule 498(e). 13.4. (d) The Trust represents Series and warrants CRMC each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust Series and its seriesFunds. The Trust Series and CRMC each further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. (e) The Trust agrees Series and CRMC each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust Fund’s and seriesSeries’ documents required to be posted in compliance with Rule 498. The Trust Series or CRMC shall promptly notify the Insurance Company of any unexpected interruptions in availability of this Landing PagePage that last more than 24 hours promptly upon the Series’ or CRMC’s discovery of any such interruption. Such Landing Page will contain host the investment Summary Prospectus for the Fund and share class options available under the Agreement. 13.6(f) The Series and CRMC represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f) (1) involving contract owner requests for additional Fund documents made directly to the Series, CRMC or their affiliates. The Trust Series and CRMC further represent and warrant that any information obtained about contract owners pursuant to this provision will be used solely for the purposes of responding to requests for additional Fund documents. (g) The Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract owner requests for additional Trust documents made directly to the Trust. The Trust further represents and warrants that any information obtained about contract owners pursuant to this provision, will be used solely for the purposes of responding to requests for additional Trust documents. 13.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust Fund documents made by contract owners directly to the Insurance Company or one of its affiliates. 13.8. The Insurance (h) Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. (i) If the Trust Series determines that it will end its use of the Summary Prospectus delivery option, the Trust Series or CRMC will provide the Insurance Company with reasonable at least 90 days advance notice of its intent. 13.10. (j) The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Series and CRMC and the Trust Fund reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. (k) The Parties agree that all other provisions of this the Participation Agreement, as amended, including the Indemnification provisions, will apply to the terms of this Article XIII., Section as applicable.

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.1. 12.1 For purposes of this Section XIV12, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.2. 12.2 The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, unless the Parties agree otherwise, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. 12.3 The Trust and/or the Underwriter shall be responsible for compliance with Rule 498(e). 13.4. 12.4 The Trust represents and warrants the Underwriter each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.5. 12.5 The Trust agrees and Underwriter each agree that the URL indicated on each Summary Prospectus will lead policyholders/contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly immediately notify the Insurance Company of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. 13.6. 12.6 The Trust represents and warrants Underwriter represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving policyholder/contract owner requests for additional Trust documents made directly to the Trust. The Trust and Underwriter further represents represent and warrants warrant that any information obtained about policyholders/contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.7. 12.7 The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by policyholders/contract owners directly to the Insurance Company or one of its affiliates. 13.8. The Insurance 12.8 Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.9. 12.9 If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust and Underwriter will provide the Insurance Company with reasonable at least 90 days’ advance notice of its intent. 13.10. 12.10 The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its policyholders/contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Underwriter and the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.11. 12.11 The Parties agree that all other provisions of this the Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., Section as applicable.. Separate Account VA BNY Yes Separate Account VA WNY Yes Separate Account VA YNY Yes TFLIC Series Life Account Yes Separate Account VA PP Yes 1. Franklin Income Securities Fund - Class 2 2. Franklin Small-Mid Cap Growth Securities Fund - Class 2 3. Franklin Small Cap Value Securities Fund - Class 2 4. Mutual Shares Securities Fund - Class 2 5. Xxxxxxxxx Foreign Securities Fund - Class 2

Summary Prospectus. Should the Trust Fund and the Insurance Company desire to distribute the prospectuses of the funds within the Trust Fund pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.114.1. For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.214.2. The Trust Fund shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust Fund provide the Insurance Company with Statutory Prospectuses. 14.3. If the Trust makes any changes Except as otherwise provided herein, if and to the extent that the Fund or the Adviser issues a Summary Prospectus for use by way of a filing pursuant to Rule 497 under the Securities Act of 1933, Company in connection with the Trust shall, instead of providing Agreement the Insurance Company with a revised Summary Prospectus, provide Fund and/or the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.3. The Trust Adviser shall be responsible for compliance ensuring that any Summary Prospectus complies in all material respects with the requirements of Rule 498(e498 (b) and (e). 13.414.4. The Trust represents Fund and warrants Adviser each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply in all material respects with the requirements of Rule 498 applicable to the Trust Fund and its series. The Trust Fund further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.514.5. The Trust agrees Fund and Adviser each agree that the URL indicated on each Summary Prospectus will lead contract Contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust Fund and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly Fund will notify Company within a reasonable amount of time in the Insurance Company event any of the requirements of Rule 498 paragraph (e) are not met for any interruptions reason including any non-routine or extended interruption in the availability of this Landing Pagethe web site on which any documents of a nature referred to in Rule 498 paragraph (e)are posted by the Fund or Adviser. Such Landing Page will contain the investment options available under the Agreement. 13.614.6. The Trust represents Fund and warrants Adviser represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract Contract owner requests for additional Trust Fund documents made directly to the TrustFund. The Trust Fund and Adviser further represents represent and warrants warrant that any information obtained about contract Contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust Fund documents. 13.714.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by contract Contract owners directly to the Insurance Company or one of its affiliates. Company further represents and warrants that it will comply with the provisions of Rule 498(f)(1) to the extent of responding to contract owner requests for additional fund documents made directly to the Company or one of its affiliates, additionally Company will comply with Rule 498(f)(2). 13.814.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses for which Company is responsible, will be done in compliance with Rule 498. 13.914.9. If the Trust Fund determines that it will end its use of the Summary Prospectus delivery option, the Trust Fund and Adviser will provide the Insurance Company with reasonable at least 60 days’ advance notice of its intent. 13.1014.10. The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract Contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Adviser and the Trust Fund reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.1114.11. The Parties agree that all other provisions of this the Participation Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., Section as applicable. 2. The existing 6th Whereas clause of the Agreement is hereby deleted in its entirety and replaced with the following:

Summary Prospectus. Should the Trust and the Insurance Company desire to distribute the prospectuses of the funds within the Trust pursuant to Rule 498 of the Securities Act of 1933 1933, as amended, (“Rule 498”), the roles and responsibilities of the Parties to the Agreement (the “Parties”), for complying with Rule 498 and other applicable laws laws, are set forth as follows: 13.110.1. For purposes of this Section XIVSection, the terms “Summary Prospectus” and “Statutory Prospectus” shall have the same meaning as set forth in Rule 498. 13.210.2. The Trust shall provide provide, or cause to provide, the Insurance Company with copies of the Summary Prospectuses in the same manner and at the same times as the Participation Agreement requires that the Trust provide the Insurance Company with Statutory Prospectuses. If the Trust makes any changes to the Summary Prospectus by way of a filing pursuant to Rule 497 under the Securities Act of 1933, unless the Parties agree otherwise, the Trust shall, instead of providing the Insurance Company with a revised Summary Prospectus, provide the Insurance Company with a supplement setting forth the changes in the Rule 497 filing. 13.310.3. The Trust and/or the Adviser/Distributor shall be responsible for compliance with Rule 498(e). 13.410.4. The Trust represents and warrants Adviser/Distributor each represent and warrant that the Summary Prospectuses and the web site hosting of such Summary Prospectuses will comply with the requirements of Rule 498 applicable to the Trust and its series. The Trust further represents and warrants that it has appropriate reasonable policies and procedures in place to ensure that such web site continuously complies with Rule 498. 13.510.5. The Trust agrees and Adviser/Distributor each agree that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses (the “Landing Page”), ) and that such web page Landing Page will host the current Trust and series’ documents required to be posted in compliance with Rule 498. The Trust shall promptly immediately notify the Insurance Company of any interruptions in availability of this Landing PagePage that last more than 24 hours. Such Landing Page will contain the investment options available under the Agreement. 13.610.6. The Trust represents and warrants Adviser/Distributor represent and warrant that it they will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract owner requests for additional Trust documents made directly to the Trust. The Trust and Adviser/Distributor further represents represent and warrants warrant that any information obtained about contract owners pursuant to this provision, provision will be used solely for the purposes of responding to requests for additional Trust documents. 13.710.7. The Insurance Company represents and warrants that it will respond to requests for additional Trust fund documents made by contract owners directly to the Insurance Company or one of its affiliates. 13.810.8. The Insurance Company represents and warrants that any binding together of Summary Prospectuses and/or Statutory Prospectuses will be done in compliance with Rule 498. 13.910.9. If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust and Adviser/Distributor will provide the Insurance Company with reasonable at least 90 days advance notice of its intent. 13.1010.10. The Parties agree that the Insurance Company is not required to distribute summary Summary Prospectuses to its contract owners, but rather that the use of the Summary Prospectus will be at the discretion of the Insurance Company. The Insurance Company agrees that it will give Adviser/Distributor and the Trust reasonable advance notice of its intended use of the Summary Prospectuses or the Statutory Prospectuses. 13.1110.11. The Parties agree that all other provisions of this the Participation Agreement, including the Indemnification provisions, will apply to the terms of this Article XIII., Section as applicable. 2. Existing Section 8.10 of the Agreement is hereby deleted in its entirety and replaced with the following: