Exhibit 13(r)
AMENDMENT NO. 2
To
PARTICIPATION AGREEMENT
Among
LSA VARIABLE SERIES TRUST,
LSA ASSET MANAGEMENT LLC
And
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
THIS AGREEMENT (the "Agreement"), made and entered into as of the 2nd day
of September 2002, by and among Allstate Life Insurance Company of New York
(hereinafter the "Company"), on its own behalf and on behalf of one or more of
its separate accounts, LSA Variable Series Trust (the "Fund") and LSA Asset
Management LLC (the "Manager").
WHEREAS, effective May 1, 2002, the parties hereto entered into a
participation agreement ("Participation Agreement") which describes, among other
things, the respective duties and obligations of the Company, the Fund and the
Manager; and
WHEREAS, the Participation Agreement was amended by Amendment No. 1 thereto
effective as of June 1, 2002;
WHEREAS, the parties agree that the Participation Agreement should be
further amended in accordance with the terms of this Agreement;
NOW, THEREFORE, in consideration of their mutual promises, the Fund, the
Manager and the Company agree as follows:
Section 1. AMENDMENT TO SCHEDULE 1, SCHEDULE 2 AND SCHEDULE 3
1.1 Unless otherwise indicated, defined terms used in this Agreement shall
have the meanings ascribed to them in the Participation Agreement.
1.2 The parties agree that, effective as of the date of this Agreement,
Schedule 1, Schedule 2 and Schedule 3 of the Participation Agreement are hereby
deleted in their entirety and shall be replaced with the following schedules:
SCHEDULE 1
SEPARATE ACCOUNTS
Allstate Life of New York Separate Account A
Allstate Life of New York Variable Annuity Account II
SCHEDULE 2
AUTHORIZED PORTFOLIOS
1. LSA Variable Series Trust Aggressive Growth Fund*
2. LSA Variable Series Trust Diversified Mid-Cap Fund
3. LSA Variable Series Trust Focused Equity Fund*
4. LSA Variable Series Trust Growth Equity Fund
5. LSA Variable Series Trust Mid Cap Value Fund
* Previously made available as an underlying separate account investment option.
SCHEDULE 3
CONTRACTS
Allstate Provider Ultra Variable Annuity
Allstate Variable Annuity II
Allstate Preferred Client Variable Annuity
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Allstate Variable Annuity 3
Allstate Variable Annuity 3 Asset Manager
Allstate Advisor
Allstate Advisor Plus
Allstate Advisor Preferred
Allstate Advisor Apex
Section 2. MISCELLANEOUS
2.1 The captions in this Agreement are included for convenience of
reference only and do not define or delineate any of the provisions hereof or
otherwise affect their construction or effect.
2.2 This Agreement may be executed simultaneously in two or more
counterparts, each of which shall be deemed an original and all such
counterparts, taken together, shall constitute one and the same instrument.
2.3 If any provision of this Agreement shall be held or made invalid by a
court decision, statute, rule, or otherwise, the remainder of the Agreement
shall not be affected thereby.
2.4 The rights, remedies and obligations contained in this Agreement are
cumulative and are in addition to any and all rights, remedies and obligations,
at law or in equity, to which the parties hereto are entitled under applicable
state and federal laws.
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2.5 This Agreement sets forth the entire agreement and understanding
between the parties and supercedes all prior communications, agreements and
understandings, oral or written, between the parties regarding the subject
matter hereof. In the event of any conflict between the terms of this Agreement
and the Participation Agreement, then the terms of this Agreement shall
supercede such conflicting terms of the Participation Agreement.
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to
be executed and ratified in its name, and on its behalf, by its duly authorized
representative as of the day and year first above written.
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
By: /s/ Xxxxxxx Xxxxxx Pas
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Title: Assistant Vice President
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LSA VARIABLE SERIES TRUST
By: /s/ Xxxx Xxxxxx
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Title: President
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LSA ASSET MANAGEMENT LLC
By: /s/ Xxxxxxxx Xxxxxxx
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Title: Chief Operating Officer
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