Exhibit 99-B.8.12
FIRST AMENDMENT TO
PARTICIPATION AGREEMENT
THIS FIRST AMENDMENT TO THE FUND PARTICIPATION AGREEMENT (the "First
Amendment") is made and entered into as of the 1st day of May, 1997, by and
among AETNA INSURANCE COMPANY OF AMERICA (the "Company") a Connecticut
corporation, on its own behalf and on behalf of each segregated asset account of
the Company (each an "Account") set forth on Schedule A of the Original
Agreement (defined below), and the VARIABLE INSURANCE PRODUCTS FUND II, an
unincorporated business trust organized under the laws of the Commonwealth of
Massachusetts (the "Fund") and FIDELITY DISTRIBUTORS CORPORATION (the
"Underwriter"), a Massachusetts corporation.
WITNESSETH
WHEREAS, the Company, the Fund and the Underwriter are parties to a
Participation Agreement dated as of October 20, 1995 (the "Original Agreement");
and
WHEREAS, the Company, the Fund and the Underwriter now desire to modify
the Original Agreement with regard to the Company's ability to redeem Fund
shares.
NOW THEREFORE, in consideration of the premises and the mutual covenants
and promises expressed herein, the parties agree as follows:
1. The first sentence of Paragraph 10.3 is amended to read as follows:
The Company shall not redeem Fund shares attributable to the
Contracts (as opposed to Fund shares attributable to the Company's
assets held in the Account) except (i) as necessary to implement
Contract Owner initiated or approved transactions, (ii) as required
by state and/or federal laws or regulations or judicial or other
legal precedent of general application (hereinafter referred to as a
"Legally Required Redemption"), or (iii) as permitted by an order of
the SEC pursuant to Xxxxxxx 00(x) xx xxx 0000 Xxx (xx and to the
extent that the SEC continues to require the receipt of such an
order or any other order of the SEC in order for the Company to
redeem Fund shares attributable to the Contracts).
IN WITNESS WHEREOF, the parties have executed this First Amendment as of
the date first above written.
AETNA INSURANCE COMPANY OF AMERICA
By: /s/ Xxxxxx X. Xxxxx
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Name: Xxxxx X. Estates
Title: Senior Vice President
VARIABLE INSURANCE PRODUCTS FUND II
By: /s/ J. Xxxx Xxxxxxxx
------------------------------------------
Name: J. Xxxx Xxxxxxxx
Title: Sr. Vice President
FIDELITY DISTRIBUTORS CORPORATION
By: /s/ Xxxx X. Xxxxxxx
------------------------------------------
Name: Xxxx X. Xxxxxxx
Title: President
