NOVATION AGREEMENT
EXHIBIT (k)(i)
THIS NOVATION AGREEMENT (this “Agreement”), dated as of the Effective Time (as defined
herein), by and among American Century Investment Services, Inc., the distributor (“Distributor”)
of the American Century family of mutual funds (the “Funds”), and Annuity Investors Life
Insurance Company, (“Company”).
RECITALS
WHEREAS, Distributor and Company are parties to a certain Dealer/Agency Agreement, Services
Agreement, or other agreement with respect to the Funds as listed on Exhibit A (such agreement,
together with all exhibits, schedules, amendments, modifications, restatements, or other
supplements thereto, and any other documents executed or delivered in connection therewith, the
“Original Agreement”);
WHEREAS, according to its terms and as required by the Investment Company Act of 1940, as
amended (the “Act”), the Original Agreement was automatically terminated on February 16, 2010
(“Termination Date”) as a result of a deemed assignment of the Original Agreement by the
Distributor;
WHEREAS, Distributor and Company all wish to enter into a new agreement on the same terms as
the Original Agreement, effective as of the Termination Date; and
WHEREAS, the parties intend that this Agreement act as a novation, pursuant to which (i) the
Original Agreement between the parties was terminated on and as of the Effective Time (as defined
below) on the Termination Date and (ii) a new agreement will be formed by and between the parties,
on precisely the same terms as the Original Agreement.
NOW, THEREFORE, for good and valuable consideration (the receipt and sufficiency of which is
hereby acknowledged), and intending to be legally bound, the parties agree as follows:
(1) At 12:00 a.m. Eastern Time on the Termination Date (the “Effective Time”) a new
agreement shall be deemed to have been formed by and between Distributor, Transfer Agent and
Company on the same terms as the Original Agreement.
(2) This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
Once each
party to this Agreement has executed a copy of this Agreement, this Agreement shall be
considered fully
executed and effective, notwithstanding that all parties have not executed the same copy.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
Effective Time.
| Annuity Investors Life Insurance Company | ||||
By: Name: |
/s/ Xxxx X. Xxxxxx
|
|||
Title:
|
Senior Vice President | |||
Date:
|
March 1, 2010 | |||
| AMERICAN CENTURY INVESTMENT SERVICES, INC. | ||||
By:
|
/s/ Xxxxx X. Xxxxxxx
|
|||
Name:
|
Xxxxx X. Xxxxxxx | |||
Title:
|
Vice President, National Accounts | |||
Date:
|
February 23, 2010 | |||
EXHIBIT A
ORIGINAL AGREEMENTS
Shareholder Services Agreement dated November 10, 2004
Shareholder Information Agreement dated October 16, 2006
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