SECOND AMENDMENT TO PARTICIPATION AGREEMENT
American Enterprise Life Insurance Company, Variable Insurance Products Fund III
and Fidelity Distributors Corporation hereby amend the Participation Agreement
("Agreement") dated September 1, 1999, as amended, as follows:
1. Section 12.2 is hereby deleted in its entirety and replaced with the
following:
"12.2. Subject to the requirements of legal process and regulatory authority,
each party hereto shall treat as confidential the names and addresses of the
owners of the Contracts and all information reasonably identified as
confidential in writing by any other party hereto and, except as permitted by
this Agreement, shall not disclose, disseminate or utilize such names and
addresses and other confidential information until such time as it may come into
the public domain without the express written consent of the affected party.
In addition, each Fund and the Underwriter shall not, directly or indirectly,
disclose or use any nonpublic personal information regarding the consumers or
customers of the Company (as defined in Rule 3(g) and 30(j), respectively, of
Regulation S-P of the Securities and Exchange Commission) ("Confidential
Information"), other than to carry out the functions contemplated by this
Agreement. The foregoing obligation of confidentiality shall not extend to any
portion of the Confidential Information that is, or becomes, generally available
to the general public records: (a) federal, State or local governmental records,
(b) widely distributed media, or (c) disclosures to the general public that are
required to be made by federal, State or local law."
IN WITNESS WHEREOF, the parties have hereto affixed their respective
authorized signatures, intending that this Amendment be effective as of the 29th
day of June, 2001.
AMERICAN ENTERPRISE LIFE INSURANCE COMPANY
By: /s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx
Chairman and Executive Vice President
VARIABLE INSURANCE PRODUCTS FUND III
By: /s/ Xxxxxx Xxxxxx
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Xxxxxx Xxxxxx
Treasurer
FIDELITY DISTRIBUTORS CORPORATION
By: /s/ Xxxx Xxxxxxx
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Xxxx Xxxxxxx
Executive Vice President
