AMENDMENT TO PARTICIPATION AGREEMENT
Exhibit (h)(13)(vii)
AMENDMENT TO PARTICIPATION AGREEMENT
This AMENDMENT TO PARTICIPATION AGREEMENT (the “Amendment”) is made and entered into as of the 1st day of December, 2008, by and among COLUMBUS LIFE INSURANCE COMPANY, an Ohio corporation, on its own behalf and on behalf of each separate account of the Company set forth on Schedule A hereto, as may be amended from time to time (each such account referred to as an “Account”), THE UNIVERSAL INSTITUTIONAL FUNDS, INC. (the “Fund”), a Maryland corporation, XXXXXX XXXXXXX DISTRIBUTION, INC. (the “Underwriter”), a Delaware corporation, and XXXXXX XXXXXXX INVESTMENT MANAGEMENT INC. (the “Adviser”), a Delaware corporation.
WHEREAS, the Company, the Fund, the Underwriter, and the Adviser wish to amend the Participation Agreement in certain respects.
NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Company, the Fund, the Underwriter, and the Adviser agree to amend the Participation Agreement as follows:
1. Schedule A of the Participation Agreement is unchanged but restated in its entirety in the attached Schedule A.
2. Schedule B of the Participation Agreement is deleted and replaced in its entirety with the attached Schedule B.
3. Except as provided herein, the Participation Agreement shall remain in full force and effect. This Amendment and the Participation Agreement, as amended, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof and fully supersede any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof. In the event of any conflict between the terms of this Amendment and the Participation Agreement, the terms of this Amendment shall control.
4. This Amendment may be amended only by written instrument executed by each party hereto.
5. This Amendment shall be effective as of the date written above.
COLUMBUS LIFE INSURANCE COMPANY
By: |
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/s/ X.X. Xxxxxx |
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Name: |
X.X. Xxxxxx |
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Title: |
President & Chief Executive Officer |
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THE UNIVERSAL INSTITUTIONAL FUNDS, INC.
By: |
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Name: |
Xxxxx Xxxxxx |
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Title: |
President |
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XXXXXX XXXXXXX DISTRIBUTION, INC.
By: |
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Name: |
Xxxxxx Xxxxxx |
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Title: |
President |
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XXXXXX XXXXXXX INVESTMENT MANAGEMENT INC.
By: |
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Name: |
Xxxxx Xxxxxx |
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Title: |
Managing Director |
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SCHEDULE A
SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
Name of Separate Account and |
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Form Number and Name of |
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Columbus Life Insurance Company Separate Account 1, established September 10, 1998 |
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CL 79 0203, Legacy Survivorship Variable Universal Life |
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CL 75 0101, Pinnacle Variable Universal Life |
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CL 84 0503, Pinnacle II Variable Universal Life |
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SCHEDULE B
PORTFOLIOS OF THE UNIVERSAL INSTITUTIONAL FUNDS, INC.
AVAILABLE UNDER THIS AGREEMENT
Emerging Markets Debt Portfolio – Class II Shares
Emerging Markets Equity Portfolio – Class II Shares
Global Real Estate Portfolio – Class II Shares
U.S. Mid Cap Value Portfolio – Class II Shares
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