AMENDMENT NO. 1 TO SERVICES AGREEMENT
Exhibit 24(b)(8.70) | |
AMENDMENT NO. 1 TO SERVICES AGREEMENT | |
The Services Agreement (the "Agreement"), dated May 1, 1999 by and among ING Financial | |
Advisers, LLC (formerly Aetna Investment Services, Inc.), ING Life Insurance and Annuity Company | |
(formerly Aetna Life Insurance and Annuity Company) (collectively the "Company") and Xxxxxxx, | |
Xxxxx & Company ("Distributor") is hereby amended, with effect from September 1, 2004, as set forth | |
below. | |
WITNESSETH: | |
WHEREAS, the parties reserved to themselves the right to amend the Agreement from time to | |
time in a writing executed by the parties; and | |
WHEREAS, the parties now desire to amend the Agreement as set forth below; | |
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, and | |
intending to be legally bound, the parties agree that the Agreement shall be amended as follows. | |
(1) | All references to Aetna Investment Services, Inc. ("AISI") are amended to ING Financial |
Advisers, LLC. | |
(2) | All references to Aetna Life Insurance and Annuity Company ("ALIAC") are amended to |
ING Life Insurance and Annuity Company ("ILIAC"). | |
(3) | All references to Aetna are amended to ING. |
(4) | Section 15 (b) is deleted and replaced with the following: |
(b) Notices. All notices and other communications hereunder shall be given or made | |
in writing and shall be delivered personally, or sent by telex, facsimile, express delivery or registered or | |
certified mail, postage prepaid, return receipt requested, to the party or parties to whom they are directed | |
at the following address, or at such other addresses as may be designated by notice from such party to all | |
other parties. | |
To the Company: | |
ING Financial Advisers, LLC/ING Life Insurance and Annuity Company | |
000 Xxxxxxxxxx Xxxxxx | |
Xxxxxxxx, Xxxxxxxxxxx 00000 | |
Attn: Xxxx X. Xxxxxxx | |
To the Distributor: | |
Xxxxxxx, Xxxxx & Co. | |
00 Xxx Xxxx | |
Xxx Xxxx, Xxx Xxxx 00000 | |
Attn: Xxxxx XxXxxxxx | |
Any notice, demand or other communication given in a manner prescribed in this | |
subsection (b) shall be deemed to have been delivered on receipt. |
(5) | Exhibit III of the agreement is deleted in its entirety and replaced with Exhibit III | |||
attached hereto. | ||||
Except as provided herein, the terms and conditions contained in the Agreement shall remain in | ||||
full force and effect. | ||||
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment as | ||||
of the date set forth above. | ||||
ING LIFE INSURANCE AND ANNUITY |
XXXXXXX, XXXXX & CO. | |||
COMPANY | ||||
By: |
/s/ Xxxxxx X. Xxxxxxxxxxx | By: | /s/ Xxxxx XxXxxxxx | |
Title: | Vice President | Title: | Managing Director | |
ING FINANCIAL ADVISERS, LLC | XXXXXXX SACHS TRUST | |||
By: |
/s/ Xxxxxxxxx Xxxxxx | By: | /s/ Xxxxx XxXxxxxx | |
Title: | Vice President | Title: | Vice President |
EXHIBIT III | |
Annual Fee Rate for Class A Shares of Goldman | ___% of average daily net assets attributable to |
Sachs Fixed Income and Equity Funds: | shares of such non-money market Fund which are |
owned beneficially by Plans during such period. | |
Annual Fee Rate for Institutional Class Shares of | ___% of average daily net assets attributable to |
Xxxxxxx Xxxxx Growth Opportunities Fund: | Institutional Class shares of Xxxxxxx Sachs |
Growth Opportunities Fund which are owned | |
beneficially by Plans during such period. |