Amendment No. 4 to Participation Agreement Among Pacific Life & Annuity Company Variable Insurance Products Funds, and Fidelity Distributors Company LLC
Amendment No. 4 to Participation Agreement
Among
Pacific Life & Annuity Company
Variable Insurance Products Funds, and
Fidelity Distributors Company LLC
Pacific Life & Annuity Company (the “Company”), on its behalf and on behalf of certain segregated asset accounts (“Accounts”) of the Company, the Variable Insurance Products Fund, Variable Insurance Products Fund II, Variable Insurance Products Fund III, Variable Insurance Products Fund IV, and Variable Insurance Products Fund V (collectively referred to as the “Fund”), and Fidelity Distributors Company LLC (the “Underwriter”), have previously entered into a Participation Agreement dated July 25, 2005 (the “Agreement”), as amended. The parties now desire to further amend the Agreement by this amendment (the “Amendment”).
Except as modified hereby, all other terms and conditions of the Agreement, as amended, shall remain in full force and effect. Unless otherwise indicated, the terms defined in the Agreement, as amended, shall have the same meaning in this Amendment.
A M E N D M E N T
For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. The Company, the Underwriter, the Funds and VIP IV all agree that VIP IV shall be added to the Agreement as an additional Fund party. The Company, the Underwriter and VIP IV hereby adopt the provisions of the Agreement as though set forth herein. Without limiting the foregoing, the parties each expressly adopt Article A of the Agreement, as follows:
2. Although the parties have executed this Agreement in the form of a Master Participation Agreement for administrative convenience, this Agreement shall create a separate participation agreement for each Fund, as though the Company and the Distributor had executed a separate, identical form of participation agreement with each Fund. No rights, responsibilities or liabilities of any Fund shall be attributed to any other Fund.
3. Schedule A of the Agreement is deleted and replaced in its entirety with the Schedule A attached hereto.
4. All other terms and provisions of the Agreement not amended herein shall remain in full force and effect.
Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original.
[Signature Page Follows]
IN WITNESS WHEREOF, the undersigned has caused the Amendment to be executed as of August 1, 2020.
PACIFIC LIFE & ANNUITY COMPANY:
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By its authorized officer | ||
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By: |
/s/ Xxxxxx Xxxxxxxx |
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Name: |
Xxxxxx Xxxxxxxx | |
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Title: |
Assistant Vice President | |
VARIABLE INSURANCE PRODUCTS FUND,
VARIABLE INSURANCE PRODUCTS FUND II,
VARIABLE INSURANCE PRODUCTS FUND III,
VARIABLE INSURANCE PRODUCTS FUND IV,
VARIABLE INSURANCE PRODUCTS FUND V:
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By its authorized officer | ||
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By: |
/s/ Xxxx Xxxxx |
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Name: |
Xxxx Xxxxx | |
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Title: |
Authorized Signatory | |
FIDELITY DISTRIBUTORS
COMPANY LLC
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By its authorized officer | ||
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By: |
/s/ Xxxxxx Xxxxxxx |
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Name: |
Xxxxxx Xxxxxxx | |
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Title: |
Head of Intermediary Relationship Management | |
Schedule A
All Contracts Funded by the Following Separate Accounts:
Separate Account A of Pacific Life & Annuity Company (January 25, 1999)
Pacific Select Exec Separate Account of Pacific Life & Annuity Company (September 24, 1998)
Separate Account I of Pacific Life & Annuity Company (June 8, 2002)
Upon the Fund’s request, the Company will provide a list of all Contracts funded by the Separate Accounts above.
