EXHIBIT (h)(12)(b)
AMENDMENT TO PARTICIPATION AGREEMENT
This AMENDMENT TO PARTICIPATION AGREEMENT dated as of _________________,
2004, by and among VANGUARD VARIABLE INSURANCE FUND, THE VANGUARD GROUP, INC.,
VANGUARD MARKETING CORPORATION and THE UNITED STATES LIFE INSURANCE COMPANY IN
THE CITY OF NEW YORK.
WITNESSETH:
WHEREAS, the parties hereto have entered into a Participation Agreement
dated as of October 2, 2000 (the "Participation Agreement"), pursuant to which
the Sponsor has agreed to make shares of the Fund available for purchase and
redemption by certain Accounts of the Company in connection with the Company's
Variable Insurance products; and
WHEREAS, the parties desire to modify the Participation Agreement in
certain respects;
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties hereto, intending to be legally bound, hereby agree as
follows:
1. Defined Terms. Unless otherwise defined herein, capitalized terms in this
Amendment shall have the meanings assigned in the Participation Agreement.
2. Amendment of Participation Agreement. The Participation Agreement is hereby
amended by replacing Schedule A to the Participation Agreement with Schedule A
attached to this Amendment.
3. No Other Modifications. Except as specifically modified hereby, the
Participation Agreement remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed on their behalf by their duly authorized officers as of the day and
year first above written.
VANGUARD VARIABLE INSURANCE FUND
By:
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Name:
---------------------------------
Title:
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THE VANGUARD GROUP, INC.
By:
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Name:
---------------------------------
Title:
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VANGUARD MARKETING CORPORATION
By:
---------------------------------
Name:
---------------------------------
Title:
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THE UNITED STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK
By:
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Name:
---------------------------------
Title:
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SCHEDULE A
SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
(Revised ____________, 2004)
Name of Separate Account Contracts Funded by Separate Account
Separate Account USL VL-R Platinum Investor VUL Flexible Premium Life
(August 8, 1997) Platinum Investor Survivor VUL Last Survivor
Flexible Premium Life Insurance Policy
(effective 10/1/2001)
Platinum Investor PLUS (effective 9/5/2003)
Platinum Investor Survivor II
(effective 7/1/04)
Separate Account USL VA-R Platinum Investor Immediate VA (effective
(August 8, 1997) 9/5/2003)
