Fund Participation Agreement
This
Fund
Participation Agreement (“Agreement”), dated as of the 1st day of
December,
2000 is made by and between Nationwide Life Insurance Company and/or Nationwide
Life and Annuity Insurance Company (separately or collectively “Nationwide”) on
behalf of the Nationwide separate accounts identified on Exhibit A which
is
attached hereto and may be amended from time to time (“Variable Accounts”), and
XXXXXXX & XXXX SERVICES COMPANY (“WRSCO”) and XXXXXXX & XXXX, INC.
(“W&R, INC.”) which serve respectively as the accounting
services/shareholder servicing agent and the distributor to the W&R TARGET
FUNDS, INC. (the “Funds”) listed on Exhibit A. WRSCO and W&R,
INC. are collectively referred to throughout this Agreement as
“W&R.”
WHEREAS,
the Contracts allow for the allocation of net amounts received by Nationwide
to
separate sub-accounts of the Variable Accounts for investment in shares of
the
Funds and other similar funds as agreed by W&R and Nationwide;
and
WHEREAS,
selection of a particular sub-account (corresponding to a particular Fund)
is
made by the Contract owner; or, in the case of certain group Contracts, by
participants in various types of retirement plans which have purchased such
group Contracts, and such Contract owners and/or participants may reallocate
their investment options among the sub-accounts of the Variable Accounts
in
accordance with the terms of the Variable Accounts in accordance with the
terms
of the Contracts; and
WHEREAS,
Nationwide and W&R mutually desire the inclusion of the Funds as underlying
investment media for variable life insurance policies and/or variable annuity
contracts as agreed by W&R and Nationwide (collectively, the “Contracts”)
issued by Nationwide;
NOW
THEREFORE, Nationwide and W&R, in consideration of the promises and
undertakings described herein, agree as follows:
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(a)
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Nationwide
represents and warrants that the Variable Accounts have been established
and are in good standing under Ohio Law; and the Variable Accounts
have
been registered as unit investment trusts under the Investment
Company Act
of 1940, as amended (the “1940 Act”) and will remain so registered, or are
exempt from registration pursuant to section 3(c)(11) of the 1940
Act;
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(b)
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Nationwide
represents and warrants that it is an insurance company duly organized
and
in good standing under the laws of its state of incorporation and
that it
has legally and validly established each Variable Account and
Contract;
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(c)
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Nationwide
represents and warrants that the Contracts will be registered under
the
Securities Act of 1933, as amended (“1933 Act”) unless an exemption from
registration is available prior to any issuance or sale of the
Contracts
and that the Contracts will be issued in compliance in all material
respects with applicable federal and state
laws.
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2.
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Each
party recognizes that the Funds shall be the exclusive underlying
investments for the Contracts developed for exclusive distribution
by
W&R. The Funds may be available in other Contracts upon
mutual agreement of Nationwide and
W&R.
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3.
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Subject
to the terms and conditions of this Agreement, Nationwide shall
be
appointed to, and agrees, to act as a limited agent of W&R, for the
sole purpose of receiving instructions for the purchase and redemption
of
Fund shares (from Contract owners or participants making investment
allocation decisions under the Contracts) prior to the close of
regular
trading each Business Day. “Business Day” shall mean any day on
which the New York Stock Exchange is open for trading and on which
the
Funds calculate their net asset value as set forth in the Funds’ most
recent Prospectuses and Statements of Additional Information. Except
as
particularly stated in this paragraph, Nationwide shall have no
authority
to act on behalf of W&R or to incur any cost or liability on its
behalf.
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W&R
will use its reasonable best efforts to provide closing net asset value,
change
in net asset value, dividend or daily accrual rate information and capital
gain
information by 6:00 p.m. Eastern Time each Business Day to Nationwide.
Nationwide shall use this data to calculate unit values. Unit values
shall be used to process that same Business Day’s Variable Account transactions.
Orders for purchases or redemptions shall be placed with W&R or its
specified agent no later than 10:00 a.m. of the following Business
Day. Orders for shares of Funds shall be accepted and executed at the
time they are received by W&R and at the net asset value price determined as
of the close of trading on the previous Business Day. The Funds may
refuse to sell shares to any person or may suspend or terminate the offering
of
its shares if such action is required by law or by regulatory authorities
having
jurisdiction or is, in the sole discretion of the directors of the Funds,
necessary in the best interest of the shareholders of the
Funds. W&R will not accept any order made on a conditional basis
or subject to any delay or contingency. Nationwide shall only place
purchase orders for shares of Funds on behalf of its customers whose addresses
recorded on Nationwide’s books are in a state or other jurisdiction in which the
Funds are registered or qualified for sale, or are exempt from registration
or
qualification as confirmed in writing by W&R.
Payment
for net purchases shall be wired to a custodial account designated by W&R
and payment for net redemptions will be wired to an account designated by
Nationwide. Dividends and capital gain distributions shall be reinvested
in
additional Fund shares at net asset value. Notwithstanding the above,
W&R shall not be held responsible for providing Nationwide with ex-date net
asset value, change in net asset value, dividend or capital gain information
when the New York Stock Exchange is closed, when an emergency exists making
the
valuation of net assets not reasonably practicable, or during any period
when
the Securities and Exchange Commission (“SEC”) has by order permitted the
suspension of pricing shares for the protection of shareholders.
Issuance
and transfer of Fund shares will be by book entry only. Share
certificates will not be issued to Nationwide for any Variable
Account. Fund shares will be recorded in the appropriate title for
each Variable Account.
Nationwide
agrees to provide W&R, upon request, written reports indicating the number
of shareholders that hold interests in the Funds and such other information
(including books and records) that W&R may reasonably request or as may be
necessary or advisable to enable it to comply with any law, regulation or
order.
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4.
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All
expenses incident to the performance by W&R and the Funds under this
Agreement shall be paid by W&R and the Funds. W&R shall
promptly provide Nationwide (or its designee), or cause Nationwide
(or its
designee) to be provided with, a reasonable quantity of the Funds’
Statements of Additional Information and any supplements, and a
camera-ready copy of the Funds’ Prospectus and any Supplements for use by
Nationwide in producing a combined prospectus for each Contract
incorporating both the Contract Prospectus and the Funds’
Prospectus. Costs for production of such documents shall be
allocated as set forth in the Administrative Services Agreement,
dated
September 1, 2000 by and between Nationwide and Xxxxxxx & Xxxx,
Inc.
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5.
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Nationwide
and its agents shall make no representations concerning the Funds
or Fund
shares except those contained in the Funds’ then current Prospectuses,
Statements of Additional Information or other documents produced
by
W&R (or an entity on its behalf) which contain information about
the
Funds. Nationwide agrees to allow a reasonable period of time for
W&R
to review any advertising and sales literature drafted by Nationwide
(or
agents on its behalf) with respect to the Funds prior to submitting
such
material to any regulator.
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6.
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W&R
represents that the Funds are currently qualified as regulated
investment
companies under Subchapter M of the Internal Revenue Code of 1986
(the
“Code”), as amended, and that the Funds shall make every effort to
maintain such qualification. W&R shall promptly notify
Nationwide upon having a reasonable basis for believing that the
Funds
have ceased to so qualify, or that they may not qualify as such
in the
future.
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W&R
represents that the Funds currently comply with the diversification requirements
pursuant to Section 817(h) of the Code and Section 1.817-5(b) of the Federal
Tax
Regulations and that the Funds will make every effort to maintain the Funds’
compliance with such diversification requirements, unless the Funds are
otherwise exempt from section 817(h) and/or except as otherwise disclosed
in the
Funds’ prospectus. W&R will notify Nationwide promptly upon
having a reasonable basis for believing that the Funds have ceased to so
qualify, or that the Funds might not so qualify in the future. Unless otherwise
exempt, W&R shall provide to Nationwide a statement indicating compliance
with Section 817(h) and a schedule of investment holdings, to be received
by
Nationwide no later than twenty-five (25) days following the end of each
calendar quarter.
Nationwide
represents that the Contracts are currently, and at the time of issuance
will
be, treated as annuity contracts or life insurance policies, whichever is
appropriate under applicable provisions of the Code, and that it shall make
every effort to maintain such treatment. Nationwide will promptly notify
W&R
upon having a reasonable basis for believing that the Contracts have ceased
to
be treated as annuity contracts or life insurance polices, or that the Contracts
may not be so treated in the future.
Unless
the Funds are exempt from the requirements of section 817(h), Nationwide
represents that each Variable Account is a “segregated asset account” and that
interests in each Variable Account are offered exclusively through the purchase
of a “variable contract”, within the meaning of such terms pursuant to section
1.817-5(f)(2) of the Federal Tax Regulations, that it shall make every effort
to
continue to meet such definitional requirements, and that it shall notify
W&R immediately upon having a reasonable basis for believing that such
requirements have ceased to be met or that they may not be met in the
future.
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7.
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Within
five (5) Business Days after the end of each calendar month, W&R shall
provide Nationwide a monthly statement of account, which shall
confirm all
transactions made during that particular month in the Variable
Accounts.
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8.
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(a)
The directors of the Funds will monitor the operations of the Funds
for
the existence of any material irreconcilable conflict among the
interest
of all Contract owners of all separate accounts investing in the
Funds. W&R shall notify Nationwide of the potential for, or
the determination of, such irreconcilable material conflict. An
irreconcilable conflict may arise, among other things, from (i)
an action
by any state insurance regulatory authority; (ii) a change in applicable
insurance laws or regulations; (iii) a tax ruling or provision
of the Code
or the regulations thereunder; (iv) any other development relating
to the
tax treatment of insurers, contract holders or policy owners or
beneficiaries of variable annuity or variable life insurance products;
(v)
the manner in which the investments of the Funds are managed; (vi)
a
difference in voting instructions given by variable annuity contract
owners, on the one hand, and variable life insurance policy owners
on the
other hand, or by the contract holders or policy owners of different
participating insurance companies; or (vii) a decision by an insurer
to
override the voting instructions of participating contract
owners.
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(b)
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Nationwide
is responsible for reporting any potential or existing conflicts
to
W&R and the Funds. Nationwide will be responsible for
assisting the directors in carrying out their responsibilities
under this
provision by providing the directors with all information reasonably
necessary for them to consider the issues raised. The Funds
will also require Xxxxxxx & Xxxx Investment Management Company
(“WRIMCO”) (the Funds’ investment adviser) to report to the directors any
such conflict that comes to the attention of
WRIMCO.
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(c)
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If
a majority of the directors of the Funds or a majority of the
disinterested directors determine that a material irreconcilable
conflict
exists involving Nationwide, Nationwide shall, at its expense and
to the
extent reasonably practicable (as determined by a majority of the
disinterested directors), take whatever steps are necessary to
eliminate
the irreconcilable material conflict, including, but not limited
to,
withdrawing the assets allocable to some or all of the Variable
Accounts
from the Funds and reinvesting such assets in a different investment
medium, including another Fund, offering to the affected Contract
owners
the option of making such a change or offering a new funding medium,
including a registered investment
company.
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For
purposes of this provision, the directors or the disinterested directors
shall
determine whether any proposed action adequately remedies any irreconcilable
material conflict. In the event of a determination of an
irreconcilable material conflict, the directors shall cause the Funds to
take
such action, such as establishment of one or more additional Funds, as they
reasonably determine to be in the interest of all shareholders and Contract
owners in view of all the applicable factors such as the cost, feasibility,
tax,
regulatory and other considerations. In no event will the Funds be
required by this provision to establish a new funding medium for any
Contract..
Nationwide
shall not be required by this provision to establish a new funding medium
for
any Contract if an offer to do so has been declined by a vote of a majority
of
the Contract owners materially adversely affected by the material irreconcilable
conflict. Nationwide will decline an offer to establish a new funding
medium only if Nationwide believes it is in the best interest of its Contract
owners.
9. This
Agreement shall terminate as to the sale and issuance of new
Contracts:
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(a)
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at
the option of Nationwide or W&R upon at least 60 days advance written
notice to the other;
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(b)
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in
the event of termination of the General Agency Agreement between
Xxxxxxx
& Xxxx, Inc. and Nationwide;
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(c)
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at
any time, upon W&R’s election, if the Funds determine that liquidation
of the Funds is in the best interest of the Funds and their beneficial
owners. Reasonable advance notice of election to liquidate shall
be
furnished by W&R to permit the substitution of Fund shares with the
shares of another investment company pursuant to SEC
regulation;
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(d)
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if
the Contracts are not treated as annuity contracts or life insurance
policies by the applicable regulators or under applicable rules
or
regulations;
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(e)
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if
the Variable Accounts are not deemed “segregated asset accounts” by the
applicable regulators or under applicable rules or
regulations;
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(f)
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at
the option of Nationwide, if Fund shares are not available for
any reason
to meet the requirements of Contracts as determined by
Nationwide. Reasonable advance notice of election to terminate
(and time to cure) shall be furnished by
Nationwide;
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(g)
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at
the option of Nationwide or W&R, upon institution of relevant formal
proceedings against the broker-dealer(s) marketing the Contracts,
the
Variable Accounts, Nationwide or the Funds by the NASD, IRS, the
Department of Labor, the SEC, state insurance departments or any
other
regulatory body, the expected or anticipated outcome of which would,
in
the reasonable judgment of the terminating party, materially impair
the
other party’s ability to meet and perform its obligations under this
Agreement. Prompt notice of an election to terminate under this
provision shall be furnished by the terminating party and shall
be
effective upon receipt;
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(h)
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upon
a decision by Nationwide, in accordance with regulations of the
SEC, to
substitute such Fund shares with the shares of another investment
company
for Contracts for which the Fund shares have been selected to serve
as the
underlying investment medium, provided, however, that Nationwide
shall not
take any action to remove the Funds as the underlying investment
medium
for the Contracts developed for exclusive distribution by
W&R. Nationwide shall give at least 60 days written notice
to the Funds and W&R of any proposal to substitute Fund
shares;
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(i)
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upon
assignment of this Agreement unless such assignment is made with
the
written consent of each other party;
and
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(j)
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in
the event Fund shares are not registered, issued or sold pursuant
to
Federal law, or such law precludes the use of Fund shares as an
underlying
investment medium of Contracts issued or to be issued by
Nationwide. Prompt written notice shall be given by either
party to the other in the event the conditions of this provision
occur.
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10. Each
notice required by this Agreement shall be given orally and confirmed in
writing
to:
Nationwide
Life Insurance Company
Nationwide
Life and Annuity Insurance Company
Xxx
Xxxxxxxxxx Xxxxx 0-00-X0
Xxxxxxxx,
Xxxx 00000
Attention:
Compliance Officer
Xxxxxxx
& Xxxx, Inc.
Xxxxxxx
& Xxxx Services Company
0000
Xxxxx Xxxxxx
Xxxxxxxx
Xxxx, XX 00000
Attention:
Legal Department
W&R
Target Funds, Inc.
0000
Xxxxx Xxxxxx
Xxxxxxxx
Xxxx, XX 00000
Attention:
Treasurer
With
a
copy to:
Nationwide
Life Insurance Company
Nationwide
Life and Annuity Insurance Company
Xxx
Xxxxxxxxxx Xxxxx 0-00-X0
Xxxxxxxx,
Xxxx 00000
Attention: Director
– Securities
W&R
Target Funds, Inc.
0000
Xxxxx Xxxxxx
Xxxxxxxx
Xxxx, XX 00000
Attention:
Secretary
Any
party
may change its address by notifying the other party(ies) in
writing.
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11.
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So
long as and to the extent that the SEC continues to interpret the
1940 Act
to require pass-through voting privileges for variable contract
owners,
Nationwide shall distribute all proxy material furnished by W&R
(provided that such material is received by Nationwide at least
10
business days prior to the date scheduled for mailing to Contract
owners)
and shall vote Fund shares in accordance with instructions received
from
the Contract owners who have such interests in such Fund
shares. Nationwide shall vote the Fund shares for which no
instructions have been received in the same proportion as Fund
shares for
which said instructions have been received from Contract owners,
provided
that such proportional voting is not prohibited by the Contract
owner’s
related plan or trust document. Nationwide and its agents will
in no way recommend action in connection with or oppose or interfere
with
the solicitation of proxies for the Fund shares held for the benefit
of
such Contract owners.
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12.
(a)
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Nationwide
agrees to reimburse and/or indemnify and hold harmless W&R, the Funds,
and each of their directors, officers, employees, agents and each
person,
if any, who controls or is controlled by W&R within the meaning of the
Securities Act of 1933 (the “1933 Act”) (collectively, “Affiliated Party”)
against any losses, claims, damages or liabilities (“Losses”) to which
W&R or any such Affiliated Party may become subject, under the 1933
Act or otherwise, insofar as such Losses (or actions in respect
thereof)
arise out of or are based upon, but not limited
to:
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(i)
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any
untrue statement or alleged untrue statement of any material fact
contained in information furnished by
Nationwide;
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(ii)
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the
omission or the alleged omission to state in the Registration Statements
or Prospectuses of the Variable Accounts, or Contract, or in any
sales
literature generated or approved by Nationwide on behalf of the
Variable
Accounts or Contracts, a material fact required to be stated therein
or
necessary to make the statements therein not
misleading;
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(iii)
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conduct,
statements or representations of Nationwide or its agents, with
respect to
the sale and distribution of Contracts for which Fund shares are
an
underlying investment;
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(iv)
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the
failure of Nationwide to provide the services and furnish the materials
under the terms of this Agreement;
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(v)
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a
breach of this Agreement or of any of the representations contained
herein; or
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(vi)
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any
failure to register the Contracts or the Variable Accounts under
federal
or state securities laws, state insurance laws or to otherwise
comply with
such laws, rules, regulations or
orders.
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Provided
however, that Nationwide shall not be liable in any such case to the extent
any
such statement, omission or representation or such alleged statement, alleged
omission or alleged representation was made in reliance upon and in conformity
with written information furnished to Nationwide by or on behalf of W&R
specifically for use therein.
Nationwide
shall reimburse any legal or other expenses reasonably incurred by W&R, the
Funds, or any Affiliated Party in connection with investigating or defending
any
such Losses, provided, however, that Nationwide shall have prior approval
of the
use of said counsel or the expenditure of said fees.
This
indemnity agreement shall be in addition to any liability which Nationwide
may
otherwise have.
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(b)
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W&R
and the Funds agree to indemnify and hold harmless Nationwide and
each of
its directors, officers, employees, agents and each person, (collectively,
“Nationwide Affiliated Party”), who controls Nationwide within the meaning
of the 1933 Act against any Losses to which Nationwide or any such
Nationwide Affiliated Party may become subject, under the 1933
Act or
otherwise, insofar as such Losses (or actions in respect thereof)
arise
out of or are based upon; but not limited
to:
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(i)
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any
untrue statement or alleged untrue statement of any material fact
contained in any information furnished by W&R or the Funds, including
but not limited to, the Registration Statements, Prospectuses or
sales
literature of the Funds;
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(ii)
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the
omission or the alleged omission to state in the Registration Statements
or Prospectuses of the Funds a material fact required to be stated
therein
or necessary to make the statements therein not
misleading;
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(iii)
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W&R’s
failure to keep the Funds fully diversified and qualified as regulated
investment companies as required by the applicable provisions of
the Code,
the 1940 Act, and the applicable regulations promulgated
thereunder;
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(iv)
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the
failure of W&R to provide the services and furnish the materials under
the terms of this Agreement;
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(v)
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a
breach of this Agreement or of any of the representations contained
herein; or
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(vi)
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any
failure to register the Funds under federal or state securities
laws or to
otherwise comply with such laws, rules, regulations or
orders.
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Provided
however, that W&R and the Funds shall not be liable in any such case to the
extent that any such loss, claim, damage or liability arises out of or is
based
upon an act or omission of Nationwide or untrue statement or omission or
alleged
omission made in conformity with written information furnished to W&R or the
Funds by Nationwide specifically for use therein.
W&R
and the Funds shall reimburse any reasonable legal or other expenses reasonably
incurred by Nationwide or any Nationwide Affiliated Party in connection with
investigating or defending any such Losses, provided, however, that W&R and
the Funds shall have prior approval of the use of said counsel or the
expenditure of said fees.
This
indemnity agreement will be in addition to any liability which W&R and the
Funds may otherwise have.
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(c)
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Each
party shall promptly notify the other party(ies) in writing of
any
situation which presents or appears to involve a claim which may
be the
subject of indemnification under this Agreement and the indemnifying
party
shall have the option to defend against any such claim. In the
event the indemnifying party so elects, it shall notify the indemnified
party and shall assume the defense of such claim, and the indemnified
party shall cooperate fully with the indemnifying party, at the
indemnifying party’s expense, in the defense of such
claim. Notwithstanding the foregoing, the indemnified party
shall be entitled to participate in the defense of such claim at
its own
expense through counsel of its own choosing. Neither party
shall admit to wrong-doing nor make any compromise in any action
or
proceeding which may result in a finding of wrongdoing by the other
party
without the other party’s prior written consent. Any notice
given by the indemnifying party to an indemnified party or participation
in or control of the litigation of any such claim by the indemnifying
party shall in no event be deemed to be an admission by the indemnifying
party of culpability, and the indemnifying party shall be free
to contest
liability among the parties with respect to the
claim.
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13.
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Subject
to Section 9(h) of this Agreement, W&R may request or Nationwide may
initiate the filing of a substitution application pursuant to Section
26(c) of the 1940 Act to substitute shares of a Fund held by a
Nationwide
Variable Account for another investment media (“Substitution
Application”). The costs associated with a Substitution
Application shall be allocated as
follows:
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(a)
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In
the event W&R requests Nationwide to submit a Substitution
Application, W&R shall reimburse Nationwide for all reasonable costs
incurred by Nationwide with respect to such Substitution
Application. W&R shall be obligated to reimburse Nationwide
under this provision irrespective of whether the Substitution Application
requested by W&R is
effectuated.
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(b)
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In
the event Nationwide initiates a Substitution Application and the
Fund
being substituted is offered by separate accounts of companies
other than
Nationwide, Nationwide shall bear all costs associated with the
Substitution Application irrespective of whether the Substitution
Application is effectuated.
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(c)
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In
the event Nationwide initiates a Substitution Application in accordance
with Section 9(h), Nationwide shall bear the costs incurred in
the
transfer.
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14.
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The
forbearance or neglect of any party to insist upon strict compliance
by
another party with any of the provisions of this Agreement, whether
continuing or not, or to declare a forfeiture of termination against
the
other parties, shall not be construed as a waiver of any of the
rights or
privileges of any party hereunder. No waiver of any right or
privilege of any party arising from any default or failure of performance
by any party shall affect the rights or privileges of the other
parties in
the event of a further default or failure of
performance.
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15.
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This
Agreement shall be construed and the provisions hereof interpreted
under
and in accordance with the laws of Ohio, without respect to its
choice of
law provisions and in accordance with the 1940 Act. In the case
of any conflict, the 1940 Act shall
control.
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16.
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Each
party hereby represents and warrants to the other that the persons
executing this Agreement on its behalf are duly authorized and
empowered
to execute and deliver the Agreement and that the Agreement constitutes
its legal, valid and binding obligation, enforceable against it
in
accordance with its terms. Except as particularly set forth
herein, neither party assumes any responsibility hereunder, and
will not
be liable to the other for any damage, loss of data, delay or any
other
loss whatsoever caused by events beyond its reasonable
control.
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17.
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Nationwide
acknowledges that the identity of W&R’s (and its affiliates’ and/or
subsidiaries’) customers and all information maintained about those
customers constitute the valuable property of
W&R. Nationwide agrees that, should it come into contact or
possession of any such information (including, but not limited
to, lists
or compilations of the identity of such customers), Nationwide
shall hold
such information or property in confidence and shall not use, disclose
or
distribute any such information or property except with W&R’s prior
written consent or as required by law or judicial
process.
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W&R
acknowledges that the identity of Nationwide’s (and its affiliates’ and/or
subsidiaries’) customers and all information maintained about those customers
constitute the valuable property of Nationwide. W&R agrees that, should it
come into contact or possession of any such information (including, but not
limited to, lists or compilations of the identity of such customers), W&R
shall hold such information or property in confidence and shall not use,
disclose or distribute any such information or property except with Nationwide’s
prior written consent or as required by law or judicial process.
This
section shall survive the expiration or termination of this
Agreement.
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18.
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Nothing
in this Agreement shall be deemed to create a partnership or joint
venture
by and among the parties hereto.
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19.
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This
Agreement supersedes any and all prior Fund Participation Agreements
made
by and between the parties.
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20.
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Except
to amend Exhibit A, or as otherwise provided in this Agreement,
this
Agreement may not be amended or modified except by a written amendment
executed by each of the parties.
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21.
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This
Agreement may be executed by facsimile signature and it may be
executed in
one or more counterparts, each of which shall be deemed an original,
but
all of which together shall constitute one and the same
instrument.
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NATIONWIDE
LIFE INSURANCE COMPANY AND NATIONWIDE LIFE AND ANNUITY INSURANCE
COMPANY
By: Xxxxxxx
X. Xxxxxx
Title: Vice
President
Investment
Management Relationships
XXXXXXX
& XXXX, INC.
By: Xxxxxx
X. Xxxxx
Title: Executive
Vice President
XXXXXXX
& XXXX SERVICES COMPANY
By: Xxxxxxx
X. Xxxxxx
Title: President
W&R
TARGET FUNDS, INC.
By: Xxxxxx
X. Xxxxxxx
Title: President
EXHIBIT
A
This
Amendment No. 1 to Exhibit A is corresponds to the Fund Participation Agreement
dated
December
1, 2000
|
Variable
Accounts of Nationwide
|
Corresponding
Nationwide Contracts
|
Corresponding
Funds
|
|
Nationwide
VA Separate Account-D
|
· Xxxxxxx
& Xxxx Advisors Select Annuity
|
W&R
Target Funds, Inc.
· Asset
Strategy Portfolio
· Balanced
Portfolio
· Bond
Portfolio
· Core
Equity Portfolio (formerly, Income Portfolio)
· Growth
Portfolio
· High
Income Portfolio
· International
Portfolio
· Limited-Term
Bond Portfolio
· Money
Market Portfolio
· Science
and Technology Portfolio
· Small
Cap Portfolio
|
|
Nationwide
VLI Separate Account-5
|
· Xxxxxxx
& Xxxx Advisors Select Life
· Xxxxxxx
& Xxxx Advisors Select Survivorship Life
|
W&R
Target Funds, Inc.
· Asset
Strategy Portfolio
· Balanced
Portfolio
· Bond
Portfolio
· Core
Equity Portfolio (formerly, Income Portfolio)
· Growth
Portfolio
· High
Income Portfolio
· International
Portfolio
· Limited-Term
Bond Portfolio
· Money
Market Portfolio
· Science
and Technology Portfolio
· Small
Cap Portfolio
|
|
Variable
Accounts of Nationwide
|
Corresponding
Nationwide Contracts
|
Corresponding
Funds
|
|
Nationwide
Variable Account-9
|
· Xxxxxxx
& Xxxx Advisors Select Plus Annuity (proprietary version of Future
(1933 Act No. 333-28995))
· Xxxxxxx
&
Xxxx
Advisors Select Reserve Annuity (proprietary version of
Exclusive
II (1933 Act No. 333-52579))
|
W&R
Target Funds, Inc.
· Asset
Strategy Portfolio
· Balanced
Portfolio
· Bond
Portfolio
· Core
Equity Portfolio (formerly, Income Portfolio)
· Growth
Portfolio
· High
Income Portfolio
· International
Portfolio
· Limited-Term
Bond Portfolio
· Money
Market Portfolio
· Science
and Technology Portfolio
· Small
Cap Portfolio
|
