Kansas City Life Insurance Company Mr. Bruce Olberding
Kansas
City Life Insurance Company
Xx. Xxxxx
Xxxxxxxxx
0000
Xxxxxxxx
Xxxxxx
Xxxx, XX 00000
Re:
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Participation
Agreement among Variable Insurance Products Fund, Variable Insurance
Products Fund II, Variable Insurance Products Fund III, Fidelity
Distributors Corporation (the “Underwriter”) and Insurance Company (the
“Company”), dated February 11, 2007, as amended (the “Participation
Agreement”)
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Dear Xx.
Xxxxxxxxx:
The
Company, the Underwriter and the above referenced Variable Insurance Products
Funds (the “Current Funds”) are parties to the above-referenced Participation
Agreement. As explained in the notice sent to you on May 3, 2007, Fidelity is in
the process of reorganizing some of the portfolios of the Current Funds (the
“Affected Portfolios”) for administrative purposes. In connection with this
reorganization, the Affected Portfolios will be moved into corresponding “shell”
portfolios of a new Variable Insurance Products Fund V (“Fund V”). A list of all
of the Affected Portfolios covered by the reorganization and the corresponding
Fund V portfolios is set forth on the attached Exhibit.
In
connection with this change, we are asking for your consent to (1) the amendment
of the Participation Agreement to add Fund V as a “Fund” party under the terms
of the Participation Agreement (the “Amendment”) and (2) the assignment of all
of the Current Funds’ rights, benefits and obligations under the Participation
Agreement with respect to the Affected Portfolios to Fund V, with respect to the
corresponding portfolios of Fund V, and the release of the Current Funds from
the obligations so assigned (the “Assignment”). The Participation Agreement will
remain in full force and effect in accordance with its terms, as so amended and
assigned herein.
Your
signature below will indicate the Company’s consent to the Amendment and
Assignment of the Participation Agreement as set forth above, to become
effective immediately upon consummation of the reorganization.
Thank you
for your prompt attention to this matter. If for some reason we cannot obtain
your signature prior to the reorganization, and the Company submits orders or
instructions under the Participation Agreement thereafter, we will deem the
Company to have consented to these matters. Please do not hesitate to contact
your Fidelity Relationship Manager or Key Account Manager if you have any
questions.
Very
truly yours,
FIDELITY
DISTRIBUTORS CORPORATION
By: /s/
Xxxxxxx Xxxxxxxx
Name:
Xxxxxxx Xxxxxxxx
Title:
Executive Vice President
VARIABLE
INSURANCE PRODUCTS FUND,
VARIABLE
INSURANCE PRODUCTS FUND II
VARIABLE
INSURANCE PRODUCTS FUND III,
VARIABLE
INSURANCE PRODUCTS FUND IV, and
VARIABLE
INSURANCE PRODUCTS FUND V
By: /s/
Xxxxxxxx Xxxxxxxxxx
Name:
Xxxxxxxx Xxxxxxxxxx
Title:
Treasurer
The
Undersigned Consents to the Amendment and Assignment of the Participation
Agreement as of this 29th day of May 2007:
KANSAS
CITY LIFE INSURANCE COMPANY
By: /s/
Xxxxx Xxxxxxxxx
Name: Xxxxx
Xxxxxxxxx
Title: Vice
President Broker/Dealer
Please
keep one copy and return the other to:
Xxxxxx
Xxxxxx
Director,
Contracts Management
Fidelity
Investments
000 Xxxxx
Xxxxxx, 00X
Xxxxxxxxxx
XX 00000
EXHIBIT
A
AFFECTED
PORTFOLIOS
Variable
Insurance Products Fund
Money
Market Portfolio
Variable
Insurance Products Fund II
Asset
Manager Portfolio
Asset
Manager: Growth Portfolio
Investment
Grade Bond Portfolio
Variable
Insurance Products Fund IV
Freedom
Income Portfolio
Freedom
2005 Portfolio
Freedom
2010 Portfolio
Freedom
2015 Portfolio
Freedom
2020 Portfolio
Freedom
2025 Portfolio
Freedom
2030 Portfolio
FundsManager
20% Portfolio
FundsManager
50% Portfolio
FundsManager
70% Portfolio
FundsManager
85% Portfolio
Strategic
Income Portfolio
FUND V
PORTFOLIOS
Variable
Insurance Products Fund V
Money
Market Portfolio
Asset
Manager Portfolio
Asset
Manager: Growth Portfolio
Investment
Grade Bond Portfolio
Freedom
Income Portfolio
Freedom
2005 Portfolio
Freedom
2010 Portfolio
Freedom
2015 Portfolio
Freedom
2020 Portfolio
Freedom
2025 Portfolio
Freedom
2030 Portfolio
FundsManager
20% Portfolio
FundsManager
50% Portfolio
FundsManager
70% Portfolio
FundsManager
85% Portfolio
Strategic
Income Portfolio