AMENDMENT TO FUND PARTICIPATION AGREEMENT
Reference is made to the Fund Participation Agreement dated as of October
3rd, 1995, and amended as of April 15, 1998 between XXXXXXX XXXXX VARIABLE
SERIES FUNDS, INC., an open-end management investment company organized as a
Maryland corporation ( the "Fund"), and ML LIFE INSURANCE COMPANY OF NEW YORK,
a life insurance company organized under the laws of the state of New York (the
"Company"), on its own behalf and on behalf of each segregated asset account of
the Company set forth on Schedule A as attached thereto (the "Existing
Agreement"). This amendment to the Existing Agreement is made as of April 3,
2000.
WHEREAS, the several series of shares of the Fund offered by the Fund to
the Company and the Accounts are set forth on Schedule B attached to the
Existing Agreement.
The Fund and the Company hereby amend and restate said Schedule B to the
Existing Agreement as attached hereto, and all references in the Existing
Agreement to the Portfolios shall be deemed to refer to the series of shares of
the Fund as set forth on Schedule B as attached hereto.
Capitalized terms used herein without definition and defined in the
Existing Agreement shall have the same meaning herein as therein.
IN WITNESS WHEREOF, the parties have caused their duly authorized officers
to execute this Amendment to Fund Participation Agreement as of the date and
year first above written.
ML LIFE INSURANCE COMPANY OF NEW YORK
By:
-----------------------------------
Name:
---------------------------------
Title:
--------------------------------
XXXXXXX XXXXX VARIABLE SERIES FUNDS,INC.
By:
-----------------------------------
Name:
---------------------------------
Title:
--------------------------------
