CONSENT TO ASSIGNMENT
OF
ADMINISTRATIVE SERVICES AGREEMENT
RECITALS:
1) Phoenix Life and Annuity Company ("Insurer") and Summit Investment
Partners, Inc. ("Summit") entered into an Administrative Services Agreement,
effective February 1, 2008 ("Services Agreement"), with regard to Summit Mutual
Funds, Inc. ("Fund").
2) Pursuant to a change in the investment management of the Fund, Xxxxxxx
Asset Management Company, Inc. ("CAMCO") has become the investment adviser to
the Fund, replacing Summit, and Xxxxxxx Distributors, Inc. ("CDI") has become
the Distributor of the Fund, replacing Ameritas Investment Corp., in each case
effective December 12, 2008.
3) Section 6 (b) of the Services Agreement provides that the Services
Agreement may not be assigned except with the written consent of each Party.
IN CONSIDERATION of the above, and of the mutual promises and conditions set
forth in the Services Agreement and this Consent to Assignment, the parties
agree as follows:
1) Insurer and Summit hereby consent to the assignment of all of the rights
and obligations of Summit under the Services Agreement to CAMCO and/or CDI, as
applicable, and CAMCO and CDI accept such assignment.
2) All other provisions of the Services Agreement shall remain unchanged.
3) The effective date of this Consent to Assignment shall be December 12,
2008.
Insurer, Summit, CAMCO and CDI have caused this Consent to Assignment to be
executed by the following authorized individuals for the purposes expressed
herein.
Phoenix Life and Annuity Company Summit Investment Partners, Inc.
By: /s/ Xxxx Xxxxxxx X'Xxxxxxx By: /s/ Xxxx X. Xxxxxxxx
------------------------------- ------------------------------
Print: Xxxx Xxxxxxx X'Xxxxxxx Print: Xxxx X. Xxxxxxxx
Title: Senior Vice President Title: Secretary
Xxxxxxx Asset Management Company, Inc. Xxxxxxx Distributors, Inc.
By: /s/ Xxxxxxx X. Xxxxxxxxx By: /s/ Xxxxxxx X. Xxxxxxxxx
------------------------------- ------------------------------
Print: Xxxxxxx X. Xxxxxxxxx Print: Xxxxxxx X. Xxxxxxxxx
Title: Senior Vice President Title: Senior Vice President
