EX-99.B(h)(5)(ii)
AMENDMENT NO. 3
to the
PARTICIPATION AGREEMENT
By and Among
XXXXX FARGO VARIABLE TRUST,
HARTFORD LIFE AND ANNUITY INSURANCE COMPANTY,
HARTFORD LIFE INSURANCE COMPANY
and
XXXXXXXX INC.
THIS AMENDMENT is effective as of the 2/nd/ day of September 2003, by and
among XXXXX FARGO VARIABLE TRUST (the "Trust"); HARTFORD LIFE AND ANNUITY
INSURANCE COMPANY ("HL&A") and HARTFORD LIFE INSURANCE COMPANY ("HLIC")
(together the "Company"); and XXXXXXXX INC. (the "Trust Underwriter").
WHEREAS, the Trust, the Company and the Trust Underwriter are parties to
that certain Participation Agreement dated July 2000, as amended by Amendment
No. 1 dated October 31, 2001, as amended by Amendment No. 2 dated January 1,
2002, (the "Agreement"); and
WHEREAS, the Trust, the Company and the Trust Underwriter wish to amend and
restate Exhibit A to the Agreement in order to restate the Separate Accounts
which may purchase shares of the Funds under the Agreement and add certain
variable annuity contracts to the Contracts covered by the Agreement; and
WHEREAS, the Trust, the Company and the Trust Underwriter wish to amend and
restate Exhibit B to the Agreement in order to expand the number of Funds, the
shares of which shall be available for purchase by the Separate Accounts to fund
the Contracts; and
NOW, THEREFORE, in consideration of the mutual promises contained herein
and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Company, the Trust and the Underwriter hereby agree as
follows:
1. New Exhibit A. Exhibit A to the Agreement is hereby amended and restated in
accordance with Exhibit A attached hereto.
2. New Exhibit B. Exhibit B to the Agreement is hereby amended and restated in
accordance with Exhibit B attached hereto.
3. Counterparts. This Amendment may be executed in counterparts, each of which
shall be an original and all of which together shall constitute one
instrument.
4. Unmodified Terms. In all other respects, the terms of the Agreement remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the first above-written date.
XXXXX FARGO VARIABLE TRUST XXXXXXXX INC.
By /s/ C. Xxxxx Xxxxxxx By /s/ Xxxxxxx X. Xxxxx
------------------------------------ ------------------------------------
Its Secretary Its Vice President
Duly Authorized Duly Authorized
HARTFORD LIFE AND ANNUITY INSURANCE COMPANY
HARTFORD LIFE INSURANCE COMPANY
By /s/ Xxxxx Xxxxxx
------------------------------------
Its Senior Vice President
Duly Authorized
EXHIBIT A
Separate Accounts and Contracts
Subject to the Participation Agreement
--------------------------------------
Separate Account: ICMG Registered Variable Life Separate Account One
(established October 9, 1995)
Contracts: GVL-95(P) Group Flexible Premium Variable Life Insurance
Contract
Separate Account Hartford Life Insurance Company Separate Account Two
(established June 2, 1986)
Contracts: HL-VA-99 Series VII of The Director variable annuity
HL-VA-03 Series VIII of The Director variable
annuity/Xxxxx Fargo Leaders Variable Annuity
HL-VA-00 The Director Outlook variable annuity
HL-VA-03 Series II of The Director Outlook
variable annuity/Xxxxx Fargo Leaders Outlook Variable
Annuity
Separate Account Hartford Life and Annuity Insurance Company Separate Account
One (established May 20, 1991)
Contracts: LA-VA-99 Series VII of The Director variable annuity
LA-VA-03 Series VIII of The Director variable annuity/Xxxxx
Fargo Leaders Variable Annuity
LA-VA-00 The Director Outlook variable annuity
LA-VA-03 The Director Outlook variable annuity
(Series II)/Xxxxx Fargo Leaders Outlook Variable Annuity
Separate Account ICMG Series III B
(established February 8, 1996)
Contracts: GVL-93(P) Group Flexible Premium Variable Life Insurance
Contract;
EXHIBIT B
Funds Subject to the Participation Agreement
--------------------------------------------
Xxxxx Fargo Asset Allocation Fund
Xxxxx Fargo Corporate Bond Fund
Xxxxx Fargo Equity Income Fund
Xxxxx Fargo Equity Value Fund
Xxxxx Fargo Growth Fund
Xxxxx Fargo International Equity Fund
Xxxxx Fargo Large Company Growth Fund
Xxxxx Fargo Money Market Fund
Xxxxx Fargo Small Cap Growth Fund
Xxxxx Fargo Total Return Bond Fund