AMENDMENT NO. 1
TO THE
PARTICIPATION AGREEMENT
AMONG
XXXXXX XXXXXXX XXXX XXXXXX SELECT DIMENSIONS
INVESTMENT SERIES,
HARTFORD LIFE INSURANCE COMPANY
AND
HARTFORD LIFE AND ANNUITY INSURANCE COMPANY
WHEREAS, Hartford Life Insurance Company and its affiliate Hartford
Life and Annuity Insurance Company (f/k/a ITT Hartford Life and Annuity
Insurance Company) (singly "Company" and together the "Companies"), and Xxxxxx
Xxxxxxx Xxxx Xxxxxx Select Dimensions Investment Series (f/k/a Xxxx Xxxxxx
Select Dimensions Investment Series) (the "Fund") have previously entered into a
Participation Agreement dated May 31, 1997 (the "Agreement"); and
WHEREAS, each of the parties hereto desires to amend the Agreement in
order to expand the number of separate accounts of each Company which invest in
shares of the Fund ("Separate Accounts"), and to clarify the Separate Accounts
and variable contracts funded by the Separate Accounts that are and have been
covered by the Agreement; and
WHEREAS, each of the parties hereto desires to further amend the
Agreement to provide for a distribution and administrative service fee payable
to the Companies in consideration of the services provided by the Companies in
connection with the certain of the variable contracts of the Companies as
described herein.
NOW, THEREFORE, each Company and the Fund hereby amend the Agreement as
follows:
1. SCHEDULE A; THE SEPARATE ACCOUNTS AND THE CONTRACTS. The terms "Separate
Accounts", "VA Accounts" and "VL Accounts" as used in the Agreement shall mean
the variable annuity and variable life insurance separate accounts, as
applicable, of each Company as set forth on SCHEDULE A attached hereto and made
a part of the Agreement. The Separate Accounts listed on Schedule A, as it may
be amended from time to time, shall be permitted to purchase shares of any of
the portfolios of the Fund (each a "Portfolio") for the purpose of funding
variable annuity and variable life insurance contracts issued by the Companies.
Furthermore, the terms "Contracts", "VA Contracts"
and "VL Contracts" as used in the Agreement shall mean the variable annuity and
variable life insurance contracts, as applicable, as set forth on said Schedule
A, as it may be amended from time to time.
2. ADMINISTRATIVE AND DISTRIBUTION SERVICES. The following is added to
the Agreement as new Section 9.A. ADMINISTRATIVE AND DISTRIBUTION SERVICES:
"9.A. The Fund, on behalf of each Portfolio that has approved a
distribution plan and a service plan in accordance with Section 12(b)
of the 1940 Act, Rule 12b-1 and the other rules and regulations
thereunder, is authorized to pay a fee to life insurance companies that
purchase Class Y Shares of a Portfolio to fund their variable contracts
(or their affiliates) for costs incurred or paid in connection with the
indirect distribution of such Portfolio shares ("Fund Servicing Fee").
The Companies or their designee have agreed to provide distribution and
administrative services to the Fund, as they may relate to the
investment in Class Y Shares of the Fund by the Separate Accounts
through certain Contracts (the "Eligible Contracts") set forth on
SCHEDULE 9.A attached hereto and made a part of the Agreement. In
consideration of the services to be provided by the Companies or their
designee in connection with the Eligible Contracts, the Fund shall
remit the Fund Servicing Fee to the Companies or their designee on a
quarterly basis in an amount equal to an annual rate of twenty-five
basis points (0.25%) of the average daily net assets of the Class Y
Shares of each Portfolio attributable to the Eligible Contracts. From
time to time, the parties hereto shall review the Fund Servicing Fee to
determine whether it reasonably approximates the incurred and
anticipated costs, over time of the Companies or their designee in
connection with its duties under this Agreement. The parties agree to
negotiate in good faith any change to the Fund Servicing Fee proposed
by a party in good faith."
3. DURATION OF THE AGREEMENT. Section 19 of the Agreement is deleted in
its entirety and replaced with the following:
"19. Duration of This Agreement. This Agreement shall remain
effective until terminated in accordance with Section 15 hereof."
4. UNMODIFIED TERMS. Except as modified hereby, all of the terms of the
Agreement remain in full force and effect.
2
IN WITNESS WHEREOF, each of the parties hereto has caused this
Amendment to be executed in its name and on its behalf by its duly authorized
representative on this _____ day of ___________, 2001, to be effective as of
July 18, 2000.
HARTFORD LIFE INSURANCE COMPANY
By: __________________________________
Name:
Duly Authorized
HARTFORD LIFE AND ANNUITY INSURANCE COMPANY
By: __________________________________
Name:
Duly Authorized
XXXXXX XXXXXXX XXXX XXXXXX SELECT DIMENSIONS INVESTMENT SERIES
By: __________________________________
Name:
Duly Authorized
3
SCHEDULE A
SEPARATE ACCOUNTS AND CONTRACTS
------------------------------------------------------------------------- -------- --------------------------
SEPARATE ACCOUNT TYPE CONTRACT FORM NO.
------------------------------------------------------------------------- -------- --------------------------
Hartford Life Insurance Company Separate Account Three VA HL-VA94
HLVA99
------------------------------------------------------------------------- -------- --------------------------
Hartford Life Insurance Company Separate Account Five VL HL-SPVL94
HL-SPVL97
------------------------------------------------------------------------- -------- --------------------------
Hartford Life Insurance Company Separate Account XX XX VL HL-15441(98)(NY)
------------------------------------------------------------------------- -------- --------------------------
Hartford Life and Annuity Insurance Company Separate Account Three VA XXX-VA94
LAVA99
------------------------------------------------------------------------- -------- --------------------------
Hartford Life and Annuity Insurance Company Separate Account Five VL XXX-SPVL94
XXX-SPVL97
------------------------------------------------------------------------- -------- --------------------------
Hartford Life and Annuity Insurance Company Separate Account XX XX VL LA-1151(98)
------------------------------------------------------------------------- -------- --------------------------
4
SCHEDULE 9.A
ELIGIBLE CONTRACTS
(Class Y Shares)
------------------------------------------------------------------------- -------- --------------------------
SEPARATE ACCOUNT TYPE CONTRACT FORM NO.
------------------------------------------------------------------------- -------- --------------------------
Hartford Life Insurance Company Separate Account Three VA HLVA99
------------------------------------------------------------------------- -------- --------------------------
Hartford Life Insurance Company Separate Account XX XX VL HL-15441(98)(NY)
------------------------------------------------------------------------- -------- --------------------------
Hartford Life and Annuity Insurance Company Separate Account Three VA LAVA99
------------------------------------------------------------------------- -------- --------------------------
Hartford Life and Annuity Insurance Company Separate Account XX XX VL LA-1151(98)
------------------------------------------------------------------------- -------- --------------------------
5
