AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
Exhibit
(8)(a)(1)
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
THIS AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT (“Amendment”) effective as of 4/26/06, by and
between MODERN WOODMEN OF AMERICA (the “Society”) and AMERICAN CENTURY INVESTMENT SERVICES, INC.
(“Distributor”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to
them in the Agreement (defined below).
RECITALS
WHEREAS, the Society and Distributor are parties to a certain Participation Agreement dated
November 29, 2001 (the “Agreement”), in which the Society offers to the public certain variable
annuity contracts and variable life insurance contracts (the “Contracts”);
WHEREAS, the parties have agreed to expand the Funds made available as investment options
under the Agreement by revising Exhibit B to the Agreement; and
WHEREAS, the parties now desire to further modify the Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto
agree as follows:
1. The second WHEREAS clause is hereby deleted in its entirety and the following language is
substituted in lieu thereof:
WHEREAS, the Society wishes to make available as investment options under
the Contracts listed in Exhibit A of the Agreement, certain Class I Funds
listed on Exhibit B made available by Distributor from time to time (the
“Funds”) which are a series of mutual funds registered under the Investment
Company Act of 1940 (the “1940 Act”) and issued by American Century Variable
Portfolios, Inc. (the “Issuer”).
2. Exhibit B. Exhibit B is hereby deleted in its entirety and is substituted with the
revised Exhibit B, attached hereto.
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. 1 as of the date first
above written.
MODERN WOODMEN OF AMERICA | AMERICAN CENTURY INVESTMENT SERVICES, INC. | |||||||||||
By: | /s/ W. Xxxxx Xxxxxx | By: | /s/ Xxxxxxx X. Xxxxx | |||||||||
Name:
|
W. Xxxxx Xxxxxx | Name: | Xxxxxxx X. Xxxxx | |||||||||
Title:
|
President | Title: | President |
EXHIBIT B
Funds of American Century Variable Portfolios, Inc.
Offered to the Separate Accounts listed in Exhibit A of the Agreement:
Offered to the Separate Accounts listed in Exhibit A of the Agreement:
Class I Funds
VP Ultra Fund
VP Vista Fund
VP Mid Cap Value Fund
VP Vista Fund
VP Mid Cap Value Fund