EXHIBIT 8(xx)
AMENDMENT TO AMENDED AND RESTATED FUND
PARTICIPATION AGREEMENT
This Amendment to the Amended and Restated Fund Participation Agreement
("Agreement") dated December 8, 1995, between XXXXXXX XXXXX VARIABLE SERIES
FUNDS, INC., an open-end management investment company organized as a Maryland
corporation (the "Fund") and ANNUITY INVESTORS LIFE INSURANCE COMPANY, an Ohio
life insurance company (the "Company") is effective as of December 29, 2003.
AMENDMENT
For good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree to amend the Agreement as follows:
1. Article I of the Amended and Restated Fund Participation Agreement
is hereby amended by adding the following:
1.12 In the event adjustments are required to correct any material
error in the computation of the net asset value of the Fund's
shares, the Fund shall notify the Company as soon as
practicable after discovering the need for those adjustments
which result in a reimbursement to a Portfolio in accordance
with the Fund's then current policies on reimbursement, which
the Fund represents are consistent with applicable SEC
standards. If an adjustment is to be made in accordance with
such policies to correct an error which has caused a Portfolio
to receive an amount with such policies to correct an error
which has caused a Portfolio to receive an amount different
that that to which it is entitled, the Fund shall make all
necessary adjustments to the number of shares owned in the
Portfolio and distribute to the Portfolio the amount of such
underpayment for credit to the Contract owners.
2. All other terms of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have caused their duly authorized
officers to execute this Amendment as of the date and year first written.
ANNUITY INVESTOR LIFE INSURANCE XXXXXXX XXXXX VARIABLE SERIES
COMPANY FUNDS, INC.
By:/s/Xxxx Xxxxxx By: /s/Xxxxx X. Xxxxx
--------------------------------- ---------------------------------
Name: Xxxx Xxxxxx Name: Xxxxx X. Xxxxx
Title: Vice President Title: Director & President 12-29-2003
CinLibrary/1389991.1
