AMENDMENT TO CUSTODIAN AGREEMENT
between
AETNA VARIABLE PORTFOLIOS, INC.
and
MELLON BANK, N.A.
WITNESSETH:
WHEREAS, Aetna Variable Portfolios, Inc. (the "Fund") and Mellon Bank,
N.A. ("Mellon") entered into a Custodian Agreement (the "Agreement") on August
26, 1996 with respect to the assets of certain portfolios of the Fund and some
or all additional portfolios that the Fund may establish from time to time; and
WHEREAS, the Fund has authorized the creation of a new portfolio, Aetna
Technology VP ("Portfolio"), and has amended its registration statement on Form
N-1A to register shares of beneficial interest of the Portfolio with the
Securities and Exchange Commission; and
WHEREAS, the Fund desires to appoint Mellon as custodian of the assets for
such Portfolio;
NOW THEREFORE, it is agreed as follows:
1. The Fund, on behalf of the Portfolio, hereby appoints Mellon, and
Mellon hereby accepts appointment, as the custodian of the assets of the
Portfolio, in accordance with all the terms and conditions set forth in the
Agreement.
2. The Fund is entering into this agreement incorporating the Agreement on
behalf of the Portfolio individually and not jointly with any other portfolio.
In the Agreement, the term "Fund" shall refer to the Fund solely on behalf of
the portfolio individually to which a particular Futures Contract transaction or
other obligation under the Agreement relates. The responsibilities and benefits
set forth in the Agreement shall refer to each portfolio severally and not
jointly. No individual portfolio shall have any responsibility for any
obligation arising out of a Futures Contract transaction entered into by any
other portfolio. Without otherwise limiting the generality of the foregoing,
(a) any breach of the Agreement regarding the Fund with respect to
any one portfolio shall not create a right or obligation with
respect to any other portfolio;
(b) under no circumstances shall Mellon have the right to set off
claims relating to a portfolio by applying property of any
other portfolio;
(c) no portfolio shall have the right of set off against the
assets held by any other portfolio;
(d) the business and contractual relationships created by the
Agreement as amended hereby, and the consequences of such
relationships relate solely to the particular portfolio to
which such relationship was created; and
(e) all property held by Mellon on behalf of a particular
portfolio shall relate solely to the particular portfolio.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their officers designated below on the date mentioned below.
Mellon Bank, N.A. Aetna Variable Portfolios,
Inc. on behalf of
Aetna Technology VP
By: /s/ Xxxxxxx X. Xxxxxxxx By: /s/ A Xxxxx, Jr.
----------------------- ----------------------
Name: Xxxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxx, Xx.
Title: Vice President Title: Assistant Treasurer
Mellon Bank, N.A.
Date: April 6, 2000 Date: March 14, 2000