LH00-263A 05/02/01
AMENDMENT NO. 3
The Investment Management Agreement (Document No. L95-1857/Ohio Life & Fremont
Business) of October 2, 1995, between XXXXXXX LIFE, INC. of Kansas City,
Missouri and EMPLOYERS REASSURANCE CORPORATION of Overland Park, Kansas, is
hereby amended as follows:
I. Effective January 14, 2000, numbered paragraph 3, as amended by Amendment
No. 2, is deleted and the following numbered paragraph 3 is substituted
therefor:
3. Advisory Fees. The Client will pay to Xxxxxxx a quarterly advisory fee in
an -------------- amount equal to .0625% of the assets at the end of each
calendar quarter contained in the account for the Custodian Agreement (Ohio
Life Business) of January 14, 2000 between the Client, State Street Bank
and Trust Company and Great Southern Life Insurance Company. The Client
will also pay to Xxxxxxx a quarterly advisory fee in an amount equal to
.0625% of the assets at the end of each calendar quarter contained in the
Custodian Agreement (Fremont Business) of January 14, 2000 between the
Client, State Street Bank and Trust Company and Great Southern Life
Insurance Company.
II. Effective October 1, 2000:
A. Numbered paragraph 3, as amended by Part I of this Amendment No. 3, is
deleted and the following numbered paragraph 3 is substituted therefor:
3. Advisory Fees. The Client will pay to Xxxxxxx a
quarterly advisory fee in an amount equal to .055% of
the assets at the end of each calendar quarter
contained in the Custodian Agreement (Contingent
Xxxxxxx Assets) of January 14, 2000 between the Client,
State Street Bank and Trust Company and The College
Life Insurance Company.
B. The parenthetical description in the title of this agreement is changed
from "(Ohio Life & Fremont Business)" to "(Contingent Xxxxxxx Assets)."
C. The second sentence is deleted from numbered paragraph 4 (Term of
Agreement), as amended by Amendment No. 1, and the following sentence is
substituted therefor:
If not sooner terminated by mutual consent of the
parties hereto, this agreement shall remain in force
until the Client has no further liability under any of
the following reinsurance agreements:
Coinsurance Life, Annuity and Disability Income Reinsurance Agreement of January
1, 1995 between Client and the Ohio Life Insurance Company
Automatic Coinsurance Universal Life Reinsurance Agreement of December 31,
1995 between Client and Fremont Life Insurance Company
Coinsurance Annuity Reinsurance Agreement of January 1, 1996 between Client
and Fremont Life Insurance Company
Automatic Coinsurance Reinsurance Agreement of April 16, 1997 between the
Client and The Ohio State Life Insurance Company*
Automatic Coinsurance Reinsurance Agreement of April 16, 1997 between the
Client and Investors Guaranty Life Insurance Company*
*But only as respects Americo's 70% quota share thereof.
III. As respects rights and obligations outstanding as of January 1, 2001 and
arising thereafter, XXXXXXX LIFE, INC. is deleted and AMERICO ADVISORS, LC
is substituted therefor.
In all other respects not inconsistent herewith, said agreement shall remain
unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed
in duplicate.
EMPLOYERS REASSURANCE
CORPORATION XXXXXXX ADVISORS, LC
By:_________________________________ By:_______________________________
Title:________________________________ Title:____________________________
Date:________________________________ Date:_____________________________
XXXXXXX LIFE, INC.
By:________________________________
Title:_______________________________
Date:_______________________________
