AMENDMENT NO. 1 TO FUND PARTICIPATION AGREEMENT
THIS AMENDMENT NO. 1 TO FUND PARTICIAPTION AGREEMENT (the "Amendment")
is effective as of August 21, 1998, by and among AMERICAN CENTURION LIFE
ASSURANCE COMPANY (the "Company"), AMERICAN CENTURY INVESTMENT MANAGEMENT, INC.
("ACIM"), and AMERICAN CENTURY VARIABLE PORTFOLIOS, INC., ("ACVP"). Capitalized
terms not otherwise defined herein shall have the meaning ascribed to them in
the Agreement (defined below).
WHEREAS, the Company, TCI Portfolios, Inc. and Investors Research
Corporation are parties to that certain Fund Participation Agreement dated July
31, 1996 (the "Agreement") in connection with the participation by the Funds in
Contracts offered by the Company to its clients; and
WHEREAS, since the date of the Agreement, Investors Research
Corporation has changed its name to American Century Variable Portfolios, Inc.;
and
WHEREAS, the Company now desires to add an Account to those which offer
certain American Century funds and to expand the number of American Century
funds made available as underlying investment media for the Contracts; and
WHEREAS, the parties to this Amendment now desire to modify the
Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual promises set forth
herein, the parties hereto agree as follows:
1. Addition of Fund. The second "Whereas clause of the Agreement is
hereby deleted in its entirety and replaced with the following language:
"WHEREAS, the Company wishes to offer as investment options
under the Contracts, American Century VP Capital Appreciation, American
Century VP Income and Growth and American Century VP Value (each a
"Fund" and collectively, the "Funds", each a series of mutual fund
shares registered under the Investment Company Act of 1940, as amended,
and issued by the Issuer; and"
2. Provision of Prospectuses. The second sentence of Section 4(b) is
hereby amended by adding the words "camera-ready art and/or" before the words
"electronic format" in the existing sentence.
3. Addition of Account. Section 6(1)(ii) is hereby amended by adding,
after the reference to the ACL Variable Annuity Account 1, the following words:
"and the ACL Variable Annuity Account 2." After the date of this amendment, each
reference to the "Account" in the Agreement shall be deemed to include both the
ACL Variable Annuity Account 1 and the ACL Variable Annuity Account 2. The ACL
Variable Annuity Account 1 shall offer VP Capital Appreciation and VP Value as
investment options, and the ACL Variable Annuity Account 2 shall offer VP income
and Growth and VP Value as investment options.
4. Amendment to Termination Provision. Section 12(a) is hereby amended
by adding the words "or such other date as agreed to by the parties" at the end
of the Section.
5. Amendment to Notice Provision. In Section 17, the reference under
notices "to the Company" to Xxx Xxxxxxxxx, Manager Product Development, and the
telecopy number provided are hereby deleted in their entirety and replaced with
a reference to "President." In addition, the reference under "with a
simultaneous copy to" to Xxxx Xxxxx Xxxxxxx, Counsel, is hereby deleted and
replaced with a reference to Xxxx Xxxxx Xxxxxxx, Vice President and Group
Counsel.
6. Ratification and Confirmation of Agreement. In the event of a
conflict between the terms of this Amendment and the Agreement, it is the
intention of the parties that the terms of this Amendment shall control and the
Agreement shall be interpreted on that basis. To the extent the provisions of
the Agreement have not been amended by this Amendment, the parties hereby
confirm and ratify the Agreement.
7. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be and all of which together shall constitute
one instrument.
8. Full Force and Effect. Except as expressly supplemented, amended or
consented to hereby, all of the representations, warranties, terms, covenants
and conditions of the Agreement shall remain unamended and shall continue to be
in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 1
as of the date first above written.
AMERICAN CENTURION LIFE AMERICAN CENTURY INVESTMENT
ASSURANCE COMPANY MANAGEMENT, INC.
By: /s/ Xxxxxx Xxxxxxxx By: /s/ Xxxxxxx X. Xxxxx
Name: Xxxxxx Xxxxxxxx Name: Xxxxxxx X. Xxxxx
Title: President Title: Executive Vice President
Attest: AMERICAN CENTURY VARIABLE PORTFOLIOS
By: /s/ Xxxx X. Xxxxxxx By: /s/ Xxxxxxx X. Xxxxx
Name: Xxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxx
Title: General Counsel & Secretary Title: Vice President
