EXHIBIT NO. 99.11(a)
SERVICE AGREEMENT
THIS AGREEMENT, made this 18th day of January, 1971 by and between
SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.), a Delaware corporation (hereinafter
referred to as "Sun Life (U.S.)") and SUN LIFE ASSURANCE COMPANY OF CANADA, a
specially chartered Canadian life insurance company (hereinafter referred to as
"Sun Life (Canada)").
WITNESSETH:
WHEREAS, Sun Life (U.S.) is a wholly-owned subsidiary of Sun Life
(Canada); and
WHEREAS, Sun Life (Canada) has in the past made available to Sun Life
(U.S.) as required certain employees of Sun Life (Canada) to perform certain
marketing, administrative, investment and other incidental functions on behalf
of Sun Life (U.S.) on the understanding that Sun Life (U.S.) bears all costs
allocable to the time spent by them on the affairs of Sun Life (U.S.); and
WHEREAS, Sun Life (Canada) is willing to continue to make available to
Sun Life (U.S.) as required certain employees of Sun Life (Canada) to perform
certain marketing, administrative, investment and other incidental functions on
behalf of Sun Life (U.S.), provided that Sun Life (U.S.) bears all costs
allocable to the time spent by them on the affairs of Sun Life. (U.S.).
NOW THEREFORE, in consideration of the premises and the mutual
agreements herein contained, the parties hereto agree as follows:
1. Sun Life (Canada) shall make available to Sun Life (U.S.) such
employees of Sun Life (Canada) as may be agreed upon from time to
time by Sun Life (U.S.) and Sun Life (Canada). It is anticipated
that most of these employees will be persons employed in the
Investment, Marketing and Control and Administration Divisions and
in the Law Department of Sun Life (Canada) who also perform
similar type functions for other subsidiaries of Sun Life
(Canada).
2. Sun Life (Canada) will, to the extent requested by Sun Life (U.S.)
and employees of Sun Life (U.S.) and employees of Sun Life
(Canada) serving Sun Life (U.S.), such clerical, stenographic and
administrative services and such office supplies and equipment as
may be reasonably required in order that they may properly perform
their respective functions on behalf of Sun Life (U.S.)
1
3. In consideration of the services to be rendered by Sun Life
(Canada) and its employees pursuant to this Agreement, Sun Life
(U.S.) agrees to reimburse Sun Life (Canada) for such cost, direct
and indirect, as may be fairly attributable to the performance of
this Agreement by Sun Life (Canada).
4. A statement of such costs shall be submitted by Sun Life (Canada)
to Sun Life (U.S.) as of the last day of each month in each year,
and payment shall be made by Sun Life (U.S.) to Sun Life (Canada)
within 30 days' of the receipt of such statement.
5. This Agreement may be terminated by Sun Life (U.S.) or by Sun Life
(Canada) on 90 days' written notice to the other.
6. Any notice under this Agreement shall be in writing, addressed and
delivered or mailed postage prepaid to the other party at such
address as such other party may designate for the receipt of such
notices. Until further notice to the other party it is agreed that
the address of Sun Life (U.S.) shall be 000 Xxxxx Xxxxxx, Xxxxxx,
Xxxxxxxxxxxxx, and the address of Sun Life (Canada) shall be Sun
Life Building, Dominion Square, Montreal, Quebec, Canada.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed in duplicate on the day and year first above written.
SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.)
By XXXXXXX X. XXXXX
Xxxxxxx X. Xxxxx
SUN LIFE ASSURANCE COMPANY OF CANADA
By X. X. XXXXXXXX
X. X. XxXxxxxxx
By XXXXX X. XXXX
Xxxxx X. Xxxx
