SIXTH AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENT
SIXTH AMENDMENT TO
ADMINISTRATIVE SERVICES AGREEMENT
This Sixth Amendment to Administrative Services Agreement (“Amendment”) is entered into by and among PACIFIC LIFE & ANNUITY COMPANY, an Arizona corporation (the “Company”), on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A of the Participation Agreement (as defined below) as may be amended from time to time; and XXXX XXXXX INVESTOR SERVICES, LLC, a Maryland limited liability company (the “Distributor”);
WHEREAS, the parties entered into an Administrative Services Agreement dated April 3, 2007, as amended (the “Agreement”);
WHEREAS, the Distributor serves as the Distributor of shares of the Xxxx Xxxxx Partners Variable Equity Trust, a Maryland Corporation and Xxxx Xxxxx Partners Variable Income Trust, a Maryland Corporation (each a “Fund”, collectively the “Funds”), an open-end management investment company organized as a Maryland corporation and registered with the Securities and Exchange Commission (the “SEC”) under the Investment Company Act of 1940, as amended (the “1940 Act”); and
WHEREAS, the Company is the issuer of variable annuity contracts and variable life insurance policies (the “Contracts”); and
WHEREAS, the Company has entered into a participation agreement, April 3, 2007, as amended (the “Participation Agreement”), with the Fund, pursuant to which the Fund has agreed to make shares of certain of its portfolios, listed in on Schedule A, as such Schedule may be amended from time to time (the “Portfolios”), available for purchase by one or more of the Company’s separate accounts or divisions thereof (each, a “Separate Account”) for Contract owners to allocate Contract value; and
WHEREAS, the parties desire to amend the Agreement;
NOW, THEREFORE, in consideration of these premises and the terms and conditions set forth herein, the parties agree as follows:
1. Schedule A of this Amendment, attached hereto, supersedes and replaces in its entirety the Schedule A of the Agreement.
To the extent that provisions of the Agreement and this Amendment are in conflict, the terms of this Amendment shall control. Except to the extent amended by this Amendment, the Agreement shall remain unchanged and in full force and effect, and is hereby ratified and confirmed in all respects as amended hereby. Capitalized terms not defined in this Amendment shall have the definition set forth in the Agreement.
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be executed in its name and on its behalf by its duly authorized representatives as of August 1, 2020.
Company:
PACIFIC LIFE & ANNUITY COMPANY
By its authorized officer:
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By: |
/s/ Xxxxxx Xxxxxxxx |
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Name: Xxxxxx Xxxxxxxx |
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Title: Assistant Vice President |
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Date:8/20/2020 |
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Distributor:
XXXX XXXXX INVESTOR SERVICES, LLC
By its authorized officer:
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By: |
/s/ Xxxxxx X’Xxxx |
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Name: Xxxxxx X’Xxxx |
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Title: COO US Distribution |
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Date:9/4/2020 |
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SCHEDULE A
PORTFOLIOS AVAILABLE UNDER THE CONTRACTS
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Fund Trust Name |
Portfolio Fund Name |
Class |
CUSIP |
Symbol |
Administrative |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Aggressive Growth Portfolio |
I |
00000X000 |
QLMGOX |
20 bps annual compensation on assets |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Aggressive Growth Portfolio |
II |
00000X000 |
QLMGTX | |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Mid Cap Portfolio |
I |
00000X000 |
QLMMIX |
10 bps annual compensation on assets up to and including $250MM
15 bps annual compensation on assets in excess of $250XX |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Mid Cap Portfolio |
II |
00000X000 |
QLMPTX | |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Small Cap Growth Portfolio |
I |
00000X000 |
QLMSIX |
10 bps annual compensation on assets up to and including $250MM
15 bps annual compensation on assets in excess of $250XX |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Small Cap Growth Portfolio |
II |
00000X000 |
QLMSTX | |
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Xxxx Xxxxx Partners Variable Income Trust |
Western Asset Variable Global High Yield Bond Portfolio |
I |
00000X000 |
QLMYIX |
10 bps annual compensation on assets up to and including $250MM
15 bps annual compensation on assets in excess of $250XX |
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Xxxx Xxxxx Partners Variable Income Trust |
Western Asset Variable Global High Yield Bond Portfolio |
II |
00000X000 |
QLMYTX | |
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Xxxx Xxxxx Partners Variable Income Trust |
Western Asset Core Plus VIT Portfolio |
I |
00000X000 |
QLMHIX |
10 bps annual compensation on assets up to and including $250MM
15 bps annual compensation on assets in excess of $250XX |
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Xxxx Xxxxx Partners Variable Income Trust |
Western Asset Core Plus VIT Portfolio |
II |
00000X000 |
LVITX |
