EXHIBIT 5
AMENDMENT TO THE DISTRIBUTION AGREEMENT
FOR THE CONTRACTS FUNDED BY
TIAA SEPARATE ACCOUNT VA-1
Amendment, dated August 1, 1995, to the Distribution Agreement for TIAA
Separate Account VA-1 by and among Teachers Insurance and Annuity Association
("TIAA"), TIAA Separate Account VA-1 (the "Separate Account") and Teachers
Personal Investors Services, Inc. ("TPIS") dated September 15, 1994 (the
"Agreement"). The parties to the Agreement mutually agree that:
1. Item 2 of the Agreement is amended to add the following sentence to the
end of paragraph (a):
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. TPIS 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 TPIS against any liability resulting from the bad faith
or negligence of TPIS 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, the Separate Account and TPIS 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 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: Assistant Secretary
TEACHERS PERSONAL INVESTORS SERVICES, INC.
By: /s/ Xxxxxx X. Xxxxx Attest: /s/ Xxxxx Xxxxxxx
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Title: Vice President Title: Ass't Secretary
