EXHIBIT (h)(9)
AMENDMENT TO PARTICIPATION AGREEMENT, SCHEDULE A
THIS AMENDMENT to Schedule A of the Participation Agreement by and
among, First American Insurance Portfolios, Inc. ("FAIP"), a Minnesota
corporation, U.S. Bancorp Asset Management, Inc. ("USBAM"), a Delaware
Corporation (FKA U.S. Bancorp Xxxxx Xxxxxxx Asset Management), and Conseco
Variable Insurance Company ("Conseco"), a Texas Life insurance company, on
behalf of itself and each of its segregated asset accounts, is made and entered
into this 13th day of March, 2002, and is effective as of the 25th day of April
2001.
WHEREAS, FAIP, USBAM and Conseco previously entered into a
Participation Agreement ("Agreement"); and
WHEREAS, Schedule A of such Agreement set forth various segregated
asset accounts and contracts which were permitted to invest in the FAIP funds;
and
WHEREAS, the Conseco Variable Account L, a Conseco Variable Universal
Life Contract, is a segregated asset account that was not included in the
initial Schedule A; and
WHEREAS, the parties intended that the Conseco Variable Account L, a
Conseco Variable Universal Life Contract, be included in the initial Schedule A
as one of the segregated asset accounts permitted to invest in the FAIP funds.
NOW, THEREFORE, the parties to this Amendment, intending to be legally
bound, agree as follows:
1. Schedule A is hereby amended to include the Conseco Variable Account
L, a Conseco Variable Life Contract, a form of which is attached hereto.
2. This amendment is effective as of the 25th day of April 2001.
IN WITNESS WHEREOF, the parties have duly executed this Amendment to
the Participation Agreement on the date first above written.
FIRST AMERICAN INSURANCE U.S. BANCORP ASSET MANAGEMENT,
PORTFOLIOS, INC. INC.
By: /s/ Xxxx Xxxxxx By: /s/ Xxxxxx X. Xxxxxx
Name: Xxxx Xxxxxx Name: Xxxxxx X. Xxxxxx
Its: VP Its: COO
CONSECO VARIABLE INSURANNCE
COMPANY
By: /s/ Xxx Xxxxx
Name: Xxx Xxxxx
Its: Senior Vice President
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SCHEDULE A
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Amendment to Schedule A to
Participation Agreement, Effective as of the 25th day of April 2001
FUNDS AVAILABLE UNDER THE CONTRACTS
o First American Insurance Portfolios, Inc.:
Large Cap Growth Portfolio Class IB Shares
Mid Cap Growth Portfolio Class IB Shares
SEPARATE ACCOUNTS AND CONTRACTS
Conseco Variable Annuity Separate Account C - Maxiflex Individual Contract
Maxiflex Group Contract
Conseco Variable Annuity Separate Account E - Achievement/Education Series
Contracts
Conseco Variable Annuity Separate Account F - Conseco Advantage Series Contract
Conseco Variable Annuity Separate Account G - Monument Series Contract
Conseco Variable Annuity Separate Account H - Advantage Plus Series Contract
Conseco Variable Annuity Separate Account I - Conseco Advantage Strategy Series
Conseco Variable Account L - Conseco Variable Universal Life
Contract
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