AMENDMENT TO
FUND PARTICIPATION AGREEMENT
This amendment to the Fund Participation Agreement ("Amendment") is entered into
and is effective this 27th day of July, 2001 by and among American Enterprise
Life Insurance Company ("Company") and Janus Aspen Series ("Trust").
WHEREAS, The parties to this Amendment have previously executed that
certain Fund Participation Agreement dated October 8, 1997 ("Agreement"); and
WHEREAS, the parties to this Amendment wish to amend the Agreement to
comply with applicable federal and state privacy laws and regulations; and
WHEREAS, Company wishes to update its address for notice purposes pursuant
to the terms of the Agreement.
NOW THEREFORE, in consideration of the terms, covenants and conditions
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties to this Amendment
agree to amend the Agreement as follows:
a. Company Confidential Information.
(i) "Company Confidential Information" includes but is not limited to
all proprietary and confidential information of Company and its
subsidiaries, affiliates, or licensees, including without
limitation all information regarding the customers of Company and
its subsidiaries, affiliates and licensees; and the accounts,
account numbers, names, addresses, social security numbers or any
other personal identifier of such customers; and any information
derived therefrom.
(ii) Trust must not use or disclose Company Confidential Information
for any purpose other than to carry out the purpose for which
Company Confidential Information was provided to Trust as set
forth in the Agreement or unless disclosure is required by
applicable law or regulatory authority, and agrees to cause all
its employees, agents, representatives, or any other party to
whom Trust may provide access to or disclose Company Confidential
Information to limit the use and disclosure of Company
Confidential Information to that purpose.
(iii) Trust agrees to implement appropriate measures designed to ensure
the security and confidentiality of Company Confidential
Information, to protect such information against any anticipated
threats or hazards to the security or integrity of such
information, and to protect against unauthorized access to, or
use of, Company Confidential Information that could result in
substantial harm or inconvenience to any customer of Company or
its subsidiaries, affiliates or licensees; Trust further agrees
to
cause all its agents, representatives, subcontractors, or any
other party to whom Trust may provide access to or disclose
Company Confidential Information to implement appropriate
measures designed to meet the objectives set forth in this
paragraph.
b. Trust Confidential Information.
(i) "Trust Confidential Information" includes but is not limited
to all proprietary and confidential information of Trust and
its subsidiaries, affiliates, or licensees, including
without limitation all information regarding the customers
of Trust and its subsidiaries, affiliates and licensees; and
the accounts, account numbers, names, addresses, social
security numbers or any other personal identifier of such
customers; and any information derived therefrom.
(ii) Company must not use or disclose Trust Confidential
Information for any purpose other than to carry out the
purpose for which Trust Confidential Information was
provided to Company as set forth in the Agreement or unless
disclosure is required by applicable law or regulatory
authority, and agrees to cause all its employees, agents,
representatives, or any other party to whom Company may
provide access to or disclose Trust Confidential Information
to limit the use and disclosure of Trust Confidential
Information to that purpose.
(iii) Company agrees to implement appropriate measures designed
to ensure the security and confidentiality of Trust
Confidential Information, to protect such information
against any anticipated threats or hazards to the security
or integrity of such information, and to protect against
unauthorized access to, or use of, Trust Confidential
Information that could result in substantial harm or
inconvenience to any customer of Trust or its subsidiaries,
affiliates or licensees; Company further agrees to cause all
its agents, representatives, subcontractors, or any other
party to whom Company may provide access to or disclose
Trust Confidential Information to implement appropriate
measures designed to meet the objectives set forth in this
paragraph.
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2. Notice. Company hereby updates its address for the purposes of notice in
accordance with Article VII of the Agreement as follows:
American Enterprise Life Insurance Company
1765 AXP Financial Center
Xxxxxxxxxxx, Xxxxxxxxxxx 00000
Attention: Executive Vice President, Annuities
with a copy to:
American Enterprise Life Insurance Company
50607 AXP Financial Center
Xxxxxxxxxxx, Xxxxxxxxxxx 00000
Attention: General Counsel's Office
3. In the event of a conflict between the terms of this Amendment and the
Agreement, it is the intention of the parties that the terms of this
Amendment shall control and the Agreement shall be interpreted on that
basis. Except as modified by this Amendment, the Agreement is hereby
ratified and confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, each party has executed this Amendment by a duly
authorized officer.
AMERICAN ENTERPRISE LIFE
INSURANCE COMPANY Attest:
By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxx Xxxxx Xxxxxxx
------------------------------ ------------------------
Printed Printed
Name: Xxxxx X. Xxxxxx Name: Xxxx Xxxxx Xxxxxxx
As Its: Executive Vice President, As Its: Assistant Secretary
Annuities
JANUS ASPEN SERIES
By: /s/ Xxxxxx X. Xxxx
--------------------------
Printed
Name: Xxxxxx X. Xxxx
As Its: Vice President
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