Exhibit 99.(b)(8)(d)(9)(ix)
AMENDMENT NO. 10 TO FUND PARTICIPATION AGREEMENT
THIS AMENDMENT NO. 10 TO FUND PARTICIPATION AGREEMENT is made as of this
1st day of May 1, 2007 by and between JEFFERSON NATIONAL LIFE INSURANCE COMPANY
(the "Company") and AMERICAN CENTURY INVESTMENT SERVICES, INC. (the
"Distributor"). Capitalized terms not otherwise defined herein shall have the
meaning ascribed to them in the Agreement (defined below).
RECITALS
WHEREAS, the Company and Distributor are parties to a certain Fund
Participation Agreement dated April 30, 1997, as amended November 15, 1997,
December 31, 1997, January 13, 2000, February 9, 2001, July 31, 2003, March 26,
2004, March 29, 2004, May 1, 2005 and May 1, 2006 (the "Agreement) in connection
with the participation of the Funds in Contracts offered by the Company;
WHEREAS, the Company wishes to make additional Funds available as
investment options under the Contracts; and
WHEREAS, in connection with the expansion of Funds available, the parties
agree to revise the reimbursement terms as provided herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein,
the parties hereto agree as follows:
1. ADDITION OF FUND. The second whereas clause of the Agreement is hereby
deleted in its entirety and the following is substituted in lieu thereof.
"WHEREAS, the Company wishes to make available as investment options
under the Contracts, Class I of the following Funds: VP Balanced, VP Income
& Growth, VP International, VP Large Company Value, VP Ultra, VP Value, VP
Vista and Class II of the following Funds: VP Inflation Protection
(collectively, the "Funds"), each of which is a series of mutual fund
shares registered under the Investment Company Act of 1940, as amended and
issued by American Century Variable Portfolios, Inc., except for Class II
of the VP Inflation Protection Fund, which is issued by American Century
Variable Portfolios II, Inc. (collectively referred to as the "Issuer");"
2. COMPENSATION AND EXPENSES. Section 5(b) is hereby deleted in its
entirety and the following Section 5(b) is substituted in lieu thereof:
"(b) Distributor acknowledges that it will derive a substantial
savings in administrative expenses, such as a reduction in expenses related
to postage, shareholder communications and recordkeeping, by virtue of
having a single shareholder account per Fund for the Accounts rather than
having each Contract owner as a shareholder. In consideration of the
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Administrative Services and performance of all other obligations under this
Agreement by the Company, Distributor will pay the Company a fee (the
"Administrative Services Fee") equal to 25 basis points (0.25%) per annum
of the average aggregate amount invested by the Company in all Class I
shares of the Funds available under the Agreement except for Class I of the
VP Balanced Fund which Distributor will pay the Company a fee of 35 basis
points (0.35%) per annum of the average aggregate amount invested by the
Company; and 5 basis points (0.05%) per annum of the average aggregate
amount invested by the Company in Class II shares of the VP Inflation
Protection Fund under this Agreement. The payments received by the Company
do not constitute payment in any manner for investment advisory services."
3. REPRESENTATIONS AND WARRANTIES. Section 6(b), which was inadvertently
changed in Amendment No. 8, shall be restored to the original language contained
in the Fund Participation Agreement dated April 30, 1997.
4. RATIFICATION AND CONFIRMATION OF AGREEMENT. In the event of a conflict
between the terms of this Amendment No. 10 and the Agreement, it is the
intention of the parties that the terms of this Amendment No. 10 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 No. 10, the
parties hereby confirm and ratify the Agreement.
5. COUNTERPARTS. This Amendment No. 10 may be executed in two or more
counterparts, each of which shall be an original and all of which together shall
constitute one instrument.
6. 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. 10 as
of the date first above written.
JEFFERSON NATIONAL LIFE AMERICAN CENTURY
INSURANCE COMPANY INVESTMENT SERVICES, INC.
By: By:
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Name: Name:
Title: Title:
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SCHEDULE A
ACCOUNTS, CONTRACTS AND PORTFOLIOS
SUBJECT TO THE PARTICIPATION AGREEMENT
=================================================================== ============================== =================================
NAME OF SEPARATE
ACCOUNT AND DATE CONTRACTS FUNDED PORTFOLIOS AND
ESTABLISHED BY BOARD OF DIRECTORS BY SEPARATE ACCOUNT CLASS OF SHARES
AVAILABLE TO CONTRACTS
=================================================================== ============================== =================================
Jefferson National Life Annuity Account C 1980 CVIC-2000 VP INCOME & GROWTH FUND
Jefferson National Life Annuity Account E November 12, 1993 CVIC-2001 (CLASS I)
Jefferson National Life Annuity Account F September 26, 1997 CVIC-2004
Jefferson National Life Annuity Account G January 18, 1996 CVIC-2005 VP INFLATION PROTECTION FUND
Jefferson National Life Annuity Account H November 1, 0000 00-0000 (CLASS II)
Jefferson National Life Annuity Account I August 23, 2000 22-4025
Jefferson National Variable Account L February 22, 0000 00-0000 VP INTERNATIONAL FUND
Jefferson National Life Annuity Account J November 3, 0000 00-0000 (CLASS I)
Jefferson National Life Annuity Account K November 3, 0000 00-0000
22-4047 VP LARGE COMPANY VALUE
22-4048 (CLASS I)
22-4061
JNL-2100 VP VALUE FUND (CLASS I)
JNL-2200
JNL-2300 VP BALANCED FUND (CLASS I)
JNL-2300-1
VP VISTA (CLASS I)
VP ULTRA (CLASS I)
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