Exhibit 10.R.
AMENDMENT TO
FUND PARTICIPATION AGREEMENT
The Fund Participation Agreement dated the 30th day of September, 1993, as
amended January 1, 2001, by and between PROVIDENTMUTUAL LIFE AND ANNUITY COMPANY
OF AMERICA and DREYFUS VARIABLE INVESTMENT FUND, and THE DREYFUS SOCIALLY
RESPONSIBLE GROWTH FUND, INC. ("Agreement") is hereby amended as of May 1, 2002,
to add "DREYFUS INVESTMENT PORTFOLIOS" as a party to the Agreement and as
follows:
(1) Exhibit A is deleted in its entirety and replaced with the revised
Exhibit A attached hereto.
(2) Section 1.5 is deleted in its entirety and replaced with the following
Section 1.5:
1.5 "Contract" shall mean either a variable annuity contract or a
variable life insurance policy that uses the Fund as an underlying
investment medium. Individuals who participate under a group
Contract are "Participants."
(3) Section 1.11 is deleted in its entirety and replaced with the following
Section 1.11:
1.11 "Separate Account" shall mean the separate accounts of the
Insurance Company listed on Exhibit B attached hereto, all of
which are established by Insurance Company in accordance with the
laws of the State of Delaware.
(4) Section 2.1 is deleted in its entirety and replaced with the following
Section 2.1:
2.1 Insurance Company represents and warrants that (a) it is an
insurance company duly organized and in good standing under
applicable law; (b) it has legally and validly established the
Separate Account pursuant to the Delaware Insurance Code for the
purpose of offering to the public certain individual variable life
insurance policies or variable annuity contracts; and (c) it has
registered the Separate Account as a unit investment trust under
the Act to serve as the segregated investment account for the
Contracts.
(5) Section 12.1 is deleted in its entirety and replaced with the following
Section 12.1:
12.1. Each notice required by this Agreement shall be given by certified
mail, return receipt requested, to the appropriate parties at the
following addresses:
Insurance Company: Providentmutual Life and Annuity Company
of America
Attention: Law Department
0000 Xxxxxxxxxxxx Xxxxxxxxx
Xxxxxx, XX 00000-0000
Fund: Dreyfus Variable Investment Fund
Attention: General Counsel
000 Xxxx Xxxxxx
Xxx Xxxx, XX 00000
with copies to: Stroock & Stroock & Xxxxx
Attention: Xxxxx X. Xxxx, Esq.,
Xxxxxx X. Xxxxxxx, Esq.
0 Xxxxxxx Xxxxxx
Xxx Xxxx, XX 00000-0000
Notice shall be deemed to be given on the date of receipt by the
addressee as evidenced by the return receipt.
(6) A new Exhibit B is added to the Agreement and includes the name of each
separate account and a list of products in which Dreyfus portfolios are
offered.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of
the date first above written.
PROVIDENTMUTUAL LIFE AND ANNUITY COMPANY OF AMERICA
By: /s/Xxxx X. Xxxxxx
---------------------------------------------
Xxxx X. Xxxxxx
Title: Vice President and Actuary
DREYFUS SOCIALLY RESPONSIBLE GROWTH FUND, INC.
By: /s/ Xxxxxx X. Xxxxxx
------------------------------------------
Xxxxxx X. Xxxxxx
Title: Secretary
DREYFUS VARIABLE INVESTMENT FUND
By: /s/ Xxxxxx X. Xxxxxx
------------------------------------------
Xxxxxx X. Xxxxxx
Title: Assistant Secretary
DREYFUS INVESTMENT PORTFOLIOS
By: /s/ Xxxxxx X. Xxxxxx
------------------------------------------
Xxxxxx X. Xxxxxx
Title: Secretary
Date: May 1, 2002
EXHIBIT A
Dreyfus Variable Investment Fund
Growth and Income Portfolio - Initial Shares
Appreciation Portfolio - Initial Shares
The Dreyfus Socially Responsible Growth Fund, Inc. - Initial Shares
Dreyfus Investment Portfolios
Small Cap Stock Index Portfolio - Service Shares
EXHIBIT B
Products
--------
1933 Act
Name of Separate Account Marketing Name Registration No.
------------------------ -------------- ----------------
Providentmutual Variable Life Options VLI 33-83138
Separate Account (1940 Act Options Premier VLI 333-67775
Registration Number 811-8722) Survivor Options Premier VLI 333-82611
Survivor Options VLI 33-10321
The Providentmutual Variable Annuity
Separate Account (1940 Act
Registration Number 811-6484) VIP Extra Credit VA 333-88163
VIP/2 VA 33-65512
