Contract
(h)(xxiii)(b)
AMENDMENT TO
This Amendment (the “Amendment”) dated May 4th, 2015 is made by and among Xxxxxx Variable Trust (the “Trust”), Xxxxxx Retail Management Limited Partnership (the “Underwriter”), and The Guardian Insurance & Annuity Company, Inc. (the “Company”), and amends that certain Participation Agreement dated May 18, 2012 (the “Agreement”), as amended April 30, 2013 (the “Agreement”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Agreement.
WHEREAS, the Trust, Underwriter, and Company wish to update the list of Authorized Funds set forth in Schedule B of the Agreement.
NOW, THEREFORE, in consideration of the mutual agreements herein contained, the Trust, Underwriter, and Company hereby acknowledge and agree as follows:
| 1. | Schedule B of the Agreement shall be deleted in its entirety and replaced with the amended and restated Schedule B as attached hereto. |
| 2. | Except as expressly amended and supplemented hereby, the Agreement shall continue in full force and effect. |
[REMAINDER OF PAGE INTENIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their respective officers as of the date first above written.
| XXXXXX VARIABLE TRUST | XXXXXX RETAIL MANAGEMENT LIMITED PARTNERSHIP | |||||||
| By: | /s/ Xxxxxxx Xxxxxxx |
By: | /s/ Xxxx Xxxxxxx | |||||
| Name: | Xxxxxxx Xxxxxxx | Name: | Xxxx Xxxxxxx | |||||
| Title: | Treasurer of the Funds | Title: | Head of Relationship Management | |||||
| THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. | ||||||||
| By: | /s/ Xxxxxxx Xxxxxxxx |
|||||||
| Name: | Xxxxxxx Xxxxxxxx | |||||||
| Title: | VP | |||||||
AMENDED AND RESTATED
SCHEDULE B
Authorized Fund(s) and Service Fees
| Authorized Funds |
Service Fee | |||
| VT Equity Income Fund Class IB |
0.25 | % | ||
| VT Absolute Return 500 Class IB |
0.25 | % | ||
| VT Small Cap Value Fund Class IB |
0.25 | % | ||
| VT lnvestors Fund Class LB |
0.25 | % | ||
