Exhibit (8)(f)(iv)
AMENDMENT NO. 3 TO FUND PARTICIPATION AGREEMENT
THIS AMENDMENT NO. 3 TO FUND PARTICIPATION AGREEMENT (the "Amendment") is
effective as of January 13, 2000, by and between CONSECO VARIABLE INSURANCE
COMPANY (formerly known as Great American Reserve Insurance Co.) (the "Company")
and AMERICAN CENTURY INVESTMENT MANAGEMENT, INC. ("ACIM"). Capitalized terms not
otherwise defined herein shall have the meaning ascribed to them in the
Agreement (defined below).
RECITALS
WHEREAS, the Company and ACIM (as assignee of American Century Investment
Services, Inc.) are parties to that certain Fund Participation Agreement dated
April 30, 1997 as amended by Amendment No. 1 dated November 15, 1997 and
Amendment No. 2 dated December 31, 1997 (collectively, the "Agreement") in
connection with the participation by the Funds in Contracts offered by the
Company; and
WHEREAS, the parties wish to supplement the Agreement as provided herein to
add additional Accounts to those authorized to offer the Funds as investment
options under the Contracts.
NOW THEREFORE, in consideration of the mutual promises set forth herein,
the Company and ACIM hereto agree as follows:
1. Addition of Individual Contracts. The first "Whereas" clause of the
Agreement is hereby amended by inserting the words "and individual" after the
word "group" both times that word appears.
2. Addition of Accounts. The Company represents and warrants that it has
established Separate Accounts G and H and Conseco Variable Life Account A, each
of which is a separate account under Texas Insurance law, and has registered
each Account as a unit investment trust under the 1940 Act to serve as an
investment vehicle for the Contracts. After the date of this Amendment, all
references to "Accounts" in the Agreement shall be deemed to include Separate
Accounts G and H and Conseco Variable Life Account A.
3. Ratification and Confirmation of Agreement. 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. To the extent the provisions of the
Agreement have not been amended by this Amendment, the parties hereby confirm
and ratify the Agreement.
4. Counterparts. This Amendment may be executed in two or more
counterparts, each of which shall be an original and all of which together shall
constitute one instrument.
5. Full Force and Effect. Except as expressly supplemented, amended or
consented to hereby, all of the representations, warranties, terms, covenants
and conditions of the Agreement shall remain unamended and shall continue to be
in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 3 as
of the date first above written.
CONSECO VARIABLE INSURANCE AMERICAN CENTURY INVESTMENT
COMPANY MANAGEMENT, INC.
By: /s/ Xxxxxxx X. Xxxxxxxxxxx By: /s/Xxxxxxx X. Xxxxx
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Name: Xxxxxxx X. Xxxxxxxxxxx Name: Xxxxxxx X. Xxxxx
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Title: Senior Vice President Title: Executive Vice President
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