AMENDMENT NO. 1
to the
FUND PARTICIPATION AGREEMENT
AMENDMENT, dated as of May 1, 2001, to the Fund Participation Agreement
dated as of the 1st day of May, 2000 (the "Agreement"), by and between Deutsche
Asset Management VIT Funds (formerly, BT Insurance Funds Trust) ("Trust"),
Bankers Trust Company ("Adviser"), and Western-Southern Life Assurance Company
("WSLAC" or "Life Company").
WHEREAS, effective May 1, 2001 Deutsche Asset Management, Inc. ("DAMI")
will replace Adviser as investment adviser to the Trust;
WHEREAS, effective May 1, 2001 the Adviser wishes to transfer all of its
rights, responsibilities and duties under the Agreement to ("DAMI");
WHEREAS, DAMI is duly registered as an investment adviser under the
Investment Advisers Act of 1940, as amended ("Advisers Act");
WHEREAS, Trust, Life Company and Adviser wish to revise Appendix A and
Appendix B to the Agreement in their entirety;
NOW, THEREFORE, in accordance with Section 10.9 of the Agreement, Trust,
Life Company, Adviser and DAMI hereby agree as follows:
1. Effective May 1, 2001 DAMI will replace Adviser and assume all of
the Adviser's rights, responsibilities and duties under the Agreement.
2. Life Company agrees to the replacement of Adviser with DAMI.
3. Article IX. NOTICES is hereby amended such that the addresses for
Trust and Adviser are replaced in their entirety with the following:
If to TRUST:
Deutsche Asset Management VIT Funds
c/o First Data Investor Services Group, Inc.
000 Xxxxxxx Xxxxxx
Xxxxxx, XX 00000
Attn: Xxxxxxxxx Xxxxxxx, Legal Department
and
c/o BT Alex. Xxxxx
One South Street, Mail Stop 1-18-6
Xxxxxxxxx, XX 00000
Attn: Mutual Fund Services
If to ADVISER:
Deutsche Asset Management, Inc.
000 Xxxxxxx Xxxxxx, Mail Stop 2355
Xxx Xxxx, XX 00000
Attn: Mutual Fund Marketing
4. Appendix A to the Agreement is hereby amended, and restated in its
entirety, by the Appendix A attached to this Amendment.
5. Appendix B to the Agreement is hereby amended, and restated in its
entirety, by the Appendix B attached to this Amendment.
Except as expressly set forth above, all other terms and provisions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused their duly authorized
officers to execute this Amendment as of the date and year first above
written.
DEUTSCHE ASSET MANAGEMENT VIT FUNDS
By:_______________________________________
Name:
Title:
WESTERN-SOUTHERN LIFE ASSURANCE COMPANY
By:_______________________________________
Name:
Title:
BANKERS TRUST COMPANY
By:_______________________________________
Name:
Title:
DEUTSCHE ASSET MANAGEMENT, INC.
By:_______________________________________
Name:
Title:
Appendix A
(Revised effective May 1, 2001)
To Participation Agreement by and among Deutsche Asset Management VIT Funds,
Deutsche Asset Management, Inc. and Western-Southern Life Assurance Company
List of portfolios:
Deutsche Asset Management VIT Funds - Equity 500 Index Fund
Appendix B
(Revised effective May 1, 2001)
To Participation Agreement by and among Deutsche Asset Management VIT Funds,
Deutsche Asset Management, Inc. and Western-Southern Life Assurance Company
List of variable separate accounts:
Western-Southern Life Assurance Company Separate Account 1 (established 1992)
Western-Southern Life Assurance Company Separate Account 2 (established 1994)
