AMENDMENT NO. 8 TO PARTICIPATION AGREEMENT
This Amendment, effective as of May 1, 2011, amends the Participation
Agreement between MetLife Insurance Company of Connecticut ("Company"), on
behalf of itself and certain of its separate accounts, and Janus Aspen Series
("Trust"), dated as of May 1, 2000, as amended (the "Agreement"). All
capitalized terms used herein and not otherwise defined shall have the meaning
ascribed to such term in the Agreement.
WHEREAS, the parties agree to distribute the prospectuses of the Portfolios
of the Trust pursuant to Rule 498 of the Securities Act of 1933 ("Rule 498");
and
WHEREAS, the parties desire to set out the roles and responsibilities for
complying with Rule 498 and other applicable laws;
NOW THEREFORE, in consideration of the mutual covenants hereinafter set
forth, and intending to be legally bound, the Agreement is hereby amended as
follows:
1. For purposes of this Amendment, the terms Summary Prospectus and
Statutory Prospectus shall have the same meaning as set forth in Rule
498.
2. The Trust shall provide the Company with copies of the Summary
Prospectuses and any Supplements thereto in the same manner and at the
same times as the Agreement requires that the Trust provide the
Company with Statutory Prospectuses.
3. The Trust represents and warrants that the Summary Prospectuses and
the hosting of such Summary Prospectuses will comply with the
requirements of Rule 498 applicable to the Trust and its Portfolios.
The Trust further represents and warrants that it has reasonable and
appropriate policies and procedures in place to ensure that such web
site continuously complies with Rule 498.
4. 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, and that such web page will contain the current
Trust documents required to be posted in compliance with Rule 498. The
Trust shall promptly post notification on the applicable web page of
any unexpected interruptions in the availability of this web page 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.
5. 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 or one of its affiliates. The Trust further represents and
warrants that any information obtained about contract owners will be
used solely for the purpose of responding to requests for additional
Trust documents or to comply with applicable law or a request from a
government or regulatory body.
6. The Company represents and warrants that it will respond to requests
for additional Trust documents made by contract owners directly to the
Company or one of its affiliates.
7. Company represents and warrants that any bundling of Summary
Prospectuses and Statutory Prospectuses will be done in compliance
with Rule 498.
8. At the Company's request, the Trust will provide the Company with
URLs to the Trust's current documents for use with Company's
electronic delivery of fund documents or on the Company's website. The
Trust will be responsible for ensuring the integrity of the URLs and
for maintaining the Trust's current documents on the site to which
such URLs originally navigate.
9. The Trust represents and warrants that it has reasonable safeguards
in place to prevent the documents contained on the web page, and the
documents provided to the Company for purposes of electronic delivery,
from containing any virus.
10. If the Trust determines that it will end its use of the Summary
Prospectus delivery option, the Trust will provide the Company with at
least 60 days' advance notice of its intent.
11. The parties agree that all other provisions of the Agreement,
including the Indemnification provisions, will apply to the terms of
this Amendment, as applicable.
12. The parties agree that the Company is not required to distribute
Summary Prospectuses to its contract owners, but rather use of the
Summary Prospectus will be at the discretion of the Company. The
Company agrees that it will give the Trust sufficient notice of its
intended use of the Summary Prospectuses or the Statutory Prospectus.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to
be executed in its name and behalf by its duly authorized officer.
JANUS ASPEN SERIES
By: /s/ Xxxxxxxxx Xxxxxxxxxx-Xxxxxx
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Name: Xxxxxxxxx Xxxxxxxxxx-Xxxxxx
Title: Vice President
METLIFE INSURANCE COMPANY OF CONNECTICUT
By: /s/ Xxxx X. XxXxxxx
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Name: Xxxx X. XxXxxxx
Title: Vice President
