EXHIBIT 11
AMENDMENT TO THE ADMINISTRATIVE SERVICES
AGREEMENT FOR TIAA SEPARATE ACCOUNT VA-1
Amendment, dated August 1, 1995, to the Administrative
Services Agreement for TIAA Separate Account VA-1 by and between Teachers
Insurance and Annuity Association ("TIAA") and TIAA Separate Account VA-1 (the
"Separate Account"), dated September 15, 1994 (the "Agreement"). The parties to
the Agreement mutually agree that:
1. Item 4 of the Agreement is amended to add the following sentence to the
end of the first paragraph:
TIAA shall retain control and responsibility for any functions that it
may delegate to other parties in connection with services rendered pursuant to
this Agreement.
2. Item 7 of the Agreement is amended to read as follows:
7. Liability of TIAA. TIAA will not be liable for any error of judgment
or mistake of law or for any loss suffered by the Separate Account in connection
with the matters to which this Agreement relates. Nothing herein contained shall
be construed to protect TIAA against any liability resulting from the bad faith
or negligence of TIAA in the performance of its obligations and duties or from
reckless disregard of its obligations and duties under this Agreement or by
virtue of violation of any applicable law.
IN WITNESS WHEREOF, TIAA and the Separate Account have caused
this amendment to be executed in their names and on their behalf and under their
trust and corporate seals by and through their duly authorized officers on the
day and year first above written.
TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA
By: /s/ Xxxxx X. Xxxxxxx Attest: /s/ Xxxxx Xxxxxxx
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Title: Senior Vice President Title: Senior Counsel
TIAA SEPARATE ACCOUNT VA-1
By: /s/ Xxxx Xxxx Attest: /s/ Xxxxx Xxxxxxx
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Title: Assistant Secretary Title: Senior Counsel &
Ass't Secretary