FIRST AMENDMENT TO AGREEMENT
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (this “Amendment”) is made as of the 1st day of November 2007, by and among GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY (the “Insurance Company”), MAXIM SERIES FUND, INC. (the “Fund”), and FIRST GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY (“First GWL&A”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
RECITALS
WHEREAS, the Insurance Company and the Fund are parties to an Agreement (the “Agreement”); and
WHEREAS, the Insurance Company and the Fund desire to add First GWL&A, a New York life insurance company, as a party to the Agreement; and
WHEREAS, the Insurance Company and the Fund desire to add additional separate accounts of the Insurance Company and First GWL&A to the Agreement, as set forth on Schedule A, attached hereto and incorporated herein; and
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the Insurance Company and the Fund hereby amend the Agreement as follows:
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1. |
First GWL&A is hereby added as a Party to the Agreement. The Insurance Company, the Fund and First GWL&A, agree that each representation, warranty, covenant, condition and other provision of the Agreement that is applicable to the Insurance Company shall also be applicable to First GWL&A. The rights and obligations of the Insurance Company and First GWL&A under the Agreement as amended hereby shall be several and not joint. |
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2. |
All references to the “Account” now include COLI VUL-4 Series Account of the Insurance Company, COLI VUL-2 Series Account of First GWL&A and COLI VUL-4 Series Account of First GWL&A as set forth in Schedule A. |
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3. |
In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. |
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4. |
This Amendment may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one instrument. |
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5. |
Except as amended by this Amendment, all other provisions of the Agreement shall remain in full force and effect. |
IN WITNESS WHEREOF, the parties have executed this Amendment as of the 31st day of October, 2007.
GREAT-WEST LIFE AND ANNUITY INSURANCE COMPANY
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By: |
/s/ Xxx Xxxxxxxxxxxx |
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Title: |
Senior Vice President |
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Attest: |
Xxxxx X. Xxxxxxx |
FIRST GREAT-WEST LIFE AND ANNUITY INSURANCE COMPANY
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By: |
/s/ Xxx Xxxxxxxxxxxx |
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Title: |
Senior Vice President |
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Attest: |
Xxxxx X. Xxxxxxx |
MAXIM SERIES FUND, INC.
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By: |
/s/ Xxxxxx XxXxxxxx |
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Title: |
Treasurer |
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Attest: |
Xxxx X. Xxxxxxx |
SCHEDULE A
Accounts
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COLI VUL-2 Series Account (GWL&A) |
J355 |
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COLI VUL-2 Series Account (First GWL&A) |
J355NY |
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COLI VUL-4 Series Account (GWL&A) |
J500 |
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COLI VUL-4 Series Account (First GWL&A) |
J500NY |
