EXHIBIT (h)(20)(b)
AMENDMENT NO. 5 TO PARTICIPATION AGREEMENT
This AMENDMENT NO. 5 TO PARTICIPATION AGREEMENT dated as of September 15,
2008, by and among VANGUARD VARIABLE INSURANCE FUND, THE VANGUARD GROUP, INC.,
VANGUARD MARKETING CORPORATION and THE UNITED STATES LIFE INSURANCE COMPANY IN
THE CITY OF NEW YORK.
WITNESSETH:
WHEREAS, the parties hereto have entered into a Participation Agreement
dated as of October 2, 2000 (the "Participation Agreement"), pursuant to which
the Sponsor has agreed to make shares of the Fund available for purchase and
redemption by certain Accounts of the Company in connection with the Company's
Variable Insurance products; and
WHEREAS, the parties desire to modify the Participation Agreement in certain
respects;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties hereto, intending to be legally bound, hereby agree as follows:
1. Defined Terms. Unless otherwise defined herein, capitalized terms in this
Amendment shall have the meanings assigned in the Participation Agreement.
2. Amendment of Participation Agreement. The Participation Agreement is hereby
amended by replacing Schedule A to the Participation Agreement with Schedule A
attached to this Amendment.
3. No Other Modifications. Except as specifically modified hereby, the
Participation Agreement remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed on their behalf by their duly authorized officers as of the day and
year first above written.
VANGUARD VARIABLE INSURANCE FUND
By:
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Name:
--------------------------
Title:
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THE VANGUARD GROUP, INC.
By:
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Name:
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Title:
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VANGUARD MARKETING CORPORATION
By:
--------------------------
Name:
--------------------------
Title:
--------------------------
THE UNITED STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK
ATTEST:
By: By:
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Name: Name:
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Title: Title:
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[Corporate Seal]
SCHEDULE A
SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
(Effective as of September 15, 2008)
Name of Separate Account Contracts Funded by Separate Account
------------------------ -------------------------------------------
Separate Account USL VL-R Platinum Investor VUL
(August 8, 1997) Platinum Investor Survivor VUL (effective
10/1/2001)
Platinum Investor PLUS (effective 9/5/2003)
Platinum Investor Survivor II VUL
(effective July 1, 2004)
Platinum Investor VIP VUL (effective
1/2/2007)
AIG Protection Advantage VUL (effective
7/1/2008)
AIG Income Advantage Select (effective
September 15, 2008)
Separate Account USL VA-R Platinum Investor Immediate VA (effective
(August 8, 1997) 9/5/2003)
