FUND PARTICIPATION AGREEMENT BY AND AMONG
WESTERN-SOUTHERN LIFE ASSURANCE COMPANY
AND TOUCHSTONE VARIABLE INSURANCE TRUST
AMENDMENT NO. 1
This Amendment No. 1 to the Fund Participation Agreement is dated as of May 1,
1999 and amends Exhibit A to the Fund Participation Agreement (the "Agreement")
dated January 1, 1999 made by and among (1) Western-Southern Life Assurance
Company (Western-Southern"), on its own behalf and on behalf of Western-Southern
Life Assurance Separate Account No. 1 and Western-Southern Life Assurance
Company Separate Account No. 2 (each called a "Separate Account") and the
various sub-accounts of each thereof as set forth in Exhibit A attached hereto
and as may be amended from time to time (each a "Sub-Account") and (2)
Touchstone Variable Insurance Trust, a Massachusetts business trust ("TVST"),
and each separate series thereof, as set forth on Exhibit B hereof (each such
portfolio of TVST being herein called a "Fund" or, together, the "Funds"), all
of which Funds shall be made available to serve as underlying investment media
for the Sub-Accounts.
WHEREAS, Western-Southern's Board of Directors has determined to establish three
additional sub-accounts to be designated the Small Cap Value Sub-Account, the
High Yield Sub-Account and the Enhanced 30 Sub-Account; and
WHEREAS, the Board of Trustees of TVST has amended and restated the
Establishment and Designation of Series appended to its Declaration of Trust
(the "Declaration") to add three additional series of Shares (as defined in the
Declaration), to be designated the Small Cap Value Fund, the High Yield Fund and
the Enhanced 30 Fund;
NOW THEREFORE, Exhibits A and B to the Agreement are hereby amended, effective
as of May 1, 1999, to read as set forth in Exhibits A and B to this Agreement,
the sole changes in Exhibit A being the addition of the Small Cap Value
Sub-Account, the High Yield Sub-Account and the Enhanced 30 Sub-Account and the
sole changes in Exhibit B being the addition of the Small Cap Value Fund, the
High Yield Fund and the Enhanced 30 Fund.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed and
delivered in their names and on their behalf as of the day and year first above
written.
WESTERN-SOUTHERN LIFE ASSURANCE COMPANY TOUCHSTONE VARIABLE INSURANCE TRUST
By: /s/ Xxxxxxxx Xxxxxx By: /s/ Xxxx X. XxXxxxxx
Xxxxxxxx Xxxxxx Xxxx X. XxXxxxxx
Chief Compliance Officer President
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EXHIBIT A TO AMENDMENT NO. 1 TO FUND PARTICIPATION AGREEMENT
Small Cap Value Sub-Account
Emerging Growth Sub-Account
International Equity Sub-Account
Income Opportunity Sub-Account
High Yield Sub-Account
Value Plus Sub-Account
Growth & Income Sub-Account
Enhanced 30 Sub-Account
Balanced Sub-Account
Bond Sub-Account
Standby Income Sub-Account
EXHIBIT B TO AMENDMENT NO. 1 TO FUND PARTICIPATION AGREEMENT
Touchstone Small Cap Value Fund
Touchstone Emerging Growth Fund
Touchstone International Equity Fund
Touchstone Income Opportunity Fund
Touchstone High Yield Fund
Touchstone Value Plus Fund
Touchstone Growth & Income Fund
Touchstone Enhanced 30 Fund
Touchstone Balanced Fund
Touchstone Bond Fund
Touchstone Standby Income Fund