SECOND AMENDMENT dated as of April 7, 2016 to the PARTICIPATION AGREEMENT dated August 25, 2008 by and among PRINCIPAL VARIABLE CONTRACTS FUNDS, INC., (formerly PRINCIPAL VARIABLE CONTRACTS FUND, INC.) PRINCIPAL FUNDS DISTRIBUTOR, INC., and FARMERS...
Exhibit (h)(44)
dated as of April 7, 2016
to the
PARTICIPATION AGREEMENT
dated August 25, 2008 by and among
PRINCIPAL VARIABLE CONTRACTS FUNDS, INC.,
(formerly PRINCIPAL VARIABLE CONTRACTS FUND, INC.)
PRINCIPAL FUNDS DISTRIBUTOR, INC.,
and
FARMERS NEW WORLD LIFE INSURANCE COMPANY
(together with the Schedules, as amended from time to time, the “Agreement’’)
The parties have previously entered into the Agreement and have now agreed to amend the Agreement by the terms of this Second Amendment (this “Amendment”).
Accordingly, in consideration of the mutual agreements contained in this Amendment, the parties agree as follows:
| 1. | Amendment of the Agreement |
The Agreement is hereby amended by replacing Schedule A to the Agreement with Schedule A to this Amendment.
| 2. | Representations |
Each party represents to the other party in respect of the Agreement, as amended pursuant to this Amendment, that all representations made by it pursuant to the Agreement are true and accurate as of the date of this Amendment.
| 3. | Miscellaneous |
| (a) | Entire Agreement; Restatement. |
| (i) | This Amendment constitutes the entire agreement and understanding of the parties with respect to its subject matter and supersedes all oral communication and prior writings (except as otherwise provided herein) with respect thereto. |
| (ii) | Except for any amendment to the Agreement made pursuant to this Amendment, all terms and conditions of the Agreement will continue in full force and effect in accordance with its provisions on the date of this Amendment. References to the Agreement will be to the Agreement, as amended by this Amendment. |
| (b) | Amendments. No amendment, modification or waiver in respect of the matters contemplated by this Amendment will be effective unless made in accordance with the terms of the Agreement. |
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| (c) | Counterparts. This Amendment may be executed and delivered in counterparts (including by facsimile transmission), each of which will be deemed an original. |
| (d) | Headings. The headings used in this Amendment are for convenience of reference only and are not to affect the construction of or to be taken into consideration in interpreting this Amendment. |
| (e) | Governing Law. This Amendment will be governed by and construed in accordance with the laws of the State of Washington (without reference to choice of law doctrine). |
IN WITNESS WHEREOF the parties have executed this Amendment on the respective dates specified below with effect from the date specified first on the first page of this Amendment.
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Exhibit (h)(44)
Schedule A (effective as of April 7, 2016)
Accounts, Contracts, and Funds
Class 2 Shares of the following Funds of Principal Variable Contract Funds, Inc. (“PVC”) will be made available to the Company as the sponsor of the Accounts:
Principal Variable Contracts Funds, Inc.—Equity Funds
PVC Diversified International Account
Accumulator VUL
PVC Equity Income Account
Accumulator VUL
Farmers Variable Annuity
Farmers Variable Universal Life
PVC LargeCap Growth Account
Accumulator VUL
PVC MidCap Account
Accumulator VUL
Farmers Variable Annuity
Farmers Variable Universal Life
PVC SmallCap Blend Account
Accumulator VUL
Farmers Variable Annuity
Farmers Variable Universal Life
PVC Principal Capital Appreciation Account
Accumulator VUL
Farmers Variable Annuity
Farmers Variable Universal Life
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Principal Variable Contracts Funds, Inc.–Fixed Income Funds
PVC Income Account
Accumulator VUL
PVC Money Market Account (On April 8, 2016 the Money Market Account intends to redeem all investors’ shares as part of the termination of the Money Market Account on such date, and such Money Market Account will no longer be available.)
Accumulator VUL
PVC Government & High Quality Bond Account
Accumulator VUL
PVC Short-Term Income Account
Accumulator VUL
Principal Variable Contracts Funds, Inc.–Strategic Asset Management (XXX) Portfolios
PVC XXX Balanced Portfolio
Accumulator VUL
Farmers EssentialLife Variable Universal Life
Farmers Variable Annuity
Farmers Variable Universal Life
PVC XXX Conservative Balanced Portfolio
Accumulator VUL
Farmers EssentialLife Variable Universal Life
Farmers Variable Annuity
Farmers Variable Universal Life
PVC XXX Conservative Growth Portfolio
Accumulator VUL
Farmers EssentialLife Variable Universal Life
Farmers Variable Annuity
Farmers Variable Universal Life
PVC XXX Flexible Income Portfolio
Accumulator VUL
Farmers EssentialLife Variable Universal Life
Farmers Variable Annuity
Farmers Variable Universal Life
PVC XXX Strategic Growth Portfolio
Accumulator VUL
Farmers EssentialLife Variable Universal Life
Farmers Variable Annuity
Farmers Variable Universal Life
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