EXHIBIT (h)(6)(b)
AMENDMENT NO. 1 TO
AMENDED AND RESTATED PARTICIPATION AGREEMENT
THIS AMENDMENT NO. 1 effective September 15, 2008 to the AMENDED AND
RESTATED AGREEMENT ("Agreement"), made and entered into as of the __ day of
______, 2007 by and among THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY
OF NEW YORK, (hereinafter the "Company"), a New York insurance company, on its
own behalf and on behalf of each segregated asset account of the Company set
forth on Schedule A hereto as may be amended from time to time (each such
account hereinafter referred to as the "Account"); and FIDELITY DISTRIBUTORS
CORPORATION (hereinafter the "Underwriter"), a Massachusetts corporation; and
each of VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II,
VARIABLE INSURANCE PRODUCTS FUND III, VARIABLE INSURANCE PRODUCTS FUND IV and
VARIABLE INSURANCE PRODUCTS FUND V, each an unincorporated business trust
organized under the laws of the Commonwealth of Massachusetts (each referred to
hereinafter as the "Fund").
AMENDMENT
For good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree to amend the Agreement as follows:
1. Schedule A of this Agreement shall be deleted and replaced with the
attached Schedule A.
2. All other terms of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused their duly authorized officers
to execute this Amendment as of the date and year first above written.
THE UNITED STATES LIFE INSURANCE
IN THE CITY OF NEW YORK
By:
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Name:
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Title:
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ATTEST:
By:
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Name:
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Title:
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(Corporate Seal)
1
VARIABLE INSURANCE PRODUCTS FUND,
VARIABLE INSURANCE PRODUCTS FUND II
VARIABLE INSURANCE PRODUCTS FUND III
VARIABLE INSURANCE PRODUCTS FUND IV, and
VARIABLE INSURANCE PRODUCTS FUND V
By:
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Name:
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Title:
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FIDELITY DISTRIBUTORS CORPORATION
By:
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Name:
---------------------------------
Title:
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2
Schedule A
Separate Accounts and Associated Contracts
Name of Separate Account and Date Policy Form Numbers of Contracts
Established by Board of Directors Funded By Separate Account
--------------------------------- -------------------------------------
The United States Life Insurance 03017N - Platinum Investor Immediate
Company Variable Annuity
in the City of New York
Separate Account USL VA-R (August 8,
1997)
The United States Life Insurance 97600N - Platinum Investor VUL
Company 02600N - Platinum Investor PLUS VUL
in the City of New York 99206N - Platinum Investor Survivor
VUL
Separate Account USL VL-R (August 8, 01206N - Platinum Investor Survivor
1997) II VUL
05604N and 05604NU - Platinum
Investor VIP VUL
07921N and 07921NU - AIG Protection
Advantage VUL
08704N and 08704NU - AIG Income
Advantage
Select
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