Third Amendment to the Selling and Services Agreement and Fund Participation Agreement
Exhibit 24(b)(8.134)
Third Amendment
to the Selling and Services Agreement and Fund Participation
Agreement
This Third Amendment dated as of August 12, 2014 by and between ING Life Insurance and Annuity Company ("ING Life"), ING Institutional Plan Services, LLC ("ING Institutional"), ING Financial Advisers, LLC ("ING Financial") (collectively "ING"), and Xxxxxxxxx Investment Management, Inc. ("Adviser") and Xxxxxxxxx Securities Corporation ("Distributor") (together the "Fund Parties"), acting as agent for the registered open-end management investment companies listed in Schedule B whose shares are or may be underwritten by Distributor (each a "Fund" or collectively the "Funds"), is made to the Selling and Services Agreement and Fund Participation Agreement dated as of March 12, 2008 (the "Agreement"), as amended on December 15, 2009 and May 1, 2012. Terms defined in the Agreement are used herein as therein defined.
WHEREAS, the parties hereto have entered into that certain Selling and Services Agreement and Fund Participation Agreement, dated as of March 12, 2008, as previously amended (the "Agreement"); and
WHEREAS, the parties desire to further amend the Agreement as described herein.
NOW, THEREFORE, in consideration of the preambles and the agreements contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
Amendment
1. The following sentence is added to Section 5, “Servicing Fees”;
“The
parties recognize and agree that the fees set forth in Schedule B are for
shareholder and administrative services provided by ING, and are
not for”
investment advisory or distribution services.”
2. Schedule
B to the Agreement is replaced in its entirety with the attached Second
Revised Schedule B.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement as of the date and year set forth above;
| ING Life Insurance and Annuity Company |
| Xxxxxxxxx Investment Management, Inc. | ||||||
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| By: | /s/ Xxxxxxxx Xxxxxxxxx |
| By: | /s/Xxxxx Xxxxxxxx | ||||
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Printed Name: |
Xxxxxxxx Xxxxxxxxx |
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Name Printed: |
Xxxxx Xxxxxxxx | ||||
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Title: Vice President |
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Title: |
Managing Director | ||||
| ING Financial Advisers, LLC |
| Xxxxxxxxx Securities Corporation | ||||||
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| By: | /s/Xxxxxxx X. Xxxxxxx |
| By: | /s/ Xxxxx X. Xxxxxxx | ||||
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Printed Name: Xxxxxxx X. Xxxxxxx |
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Name Printed: |
Xxxxx X. Xxxxxxx | ||||
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Title: COO/VP |
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Title: |
Vice President | ||||
| ING Institutional Plan Services, LLC
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| By: | /s/Xxxxxxxx Xxxxxxxxx | |
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Printed Name: Xxxxxxxx Xxxxxxxxx | ||
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Title: Vice President |
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SECOND REVISED SCHEDULE B
Servicing Fees
Adviser will pay ING an annual servicing fee equal to the percentage indicated below for each Fund times the average daily Net Asset Value of shares of the Fund invested through the Contracts or through ING's arrangements with Plans. Such fee will be paid quarterly. Notwithstanding anything else contained herein or in the Agreement, the account Servicer understands and agrees that Xxxxxxxxx shall not pay the Account Servicer any Servicing Fee with respect to assets of the Funds which are held on behalf of defined benefit plans.
Fund Share Class CUSIP Symbol Annual Fee
Value R3 000-000-000 TVRFX ___%
International Value R3 000-000-000 TGVRX ___%
Core Growth R3 000-000-000 THCRX ___%
Income Builder R3 000-000-000 TIBRX ___%
International Growth R3 000-000-000 TIGVX ___%
Global Opportunities R3 000-000-000 THORX ___%
Ltd Term US Govt R3 000-000-000 LTURX ___%
Ltd Term Income R3 000-000-000 THIRX ___%
Strategic Income R3 000-000-000 TSIRX ___%
Value R4 000-000-000 TVIRX ___%
International Value R4 000-000-000 THVRX ___%
Core Growth R4 000-000-000 TCGRX ___%
Income Builder R4 000-000-000 TIBGX ___%
International Growth R4 000-000-000 TINVX ___%
Global Opportunities R4 000-000-000 THOVX ___%
Ltd Term Income R4 000-00-000 THRIX ___%
Ltd Term US Govt R4 000-000-000 LTUGX ___%
Strategic Income R4 000-000-000 TSRIX ___%
Value R5 000-000-000 TVRRX ___%
International Value R5 000-000-000 TIVRX ___%
Core Growth R5 000-000-000 THGRX ___%
Income Builder R5 000-000-000 TIBMX ___%
International Growth R5 000-000-000 TINFX ___%
Global Opportunities R5 000-000-000 THOFX ___%
Developing World R5 000-000-000 THDRX ___%
Ltd Term US Govt R5 000-000-000 LTGRX ___%
Ltd Term Income R5 000-000-000 THRRX ___%
Strategic Income R5 000-000-000 TSRRX ___%
International Value R6
000-000-000 TGIRX ___%
International Growth R6 000-000-000 THGIX
___%
International Value R6 000-000-000 TDWRX
___%
