EXHIBIT (h)(2)(b)
AMENDMENT TO PARTICIPATION AGREEMENT BETWEEN
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY
AND FRANKLIN XXXXXXXXX DISTRIBUTORS, INC.
AMENDMENT TO PARTICIPATION AGREEMENT
Franklin Xxxxxxxxx Variable Insurance Products Trust
Franklin Xxxxxxxxx Distributors, Inc.
Phoenix Home Life Mutual Insurance Company
PHL Variable Insurance Company
The participation agreement, dated as of May 1, 2000, by and among Franklin
Xxxxxxxxx Variable Insurance Products Trust, Franklin Xxxxxxxxx Distributors,
Inc., Phoenix Home Life Mutual Insurance Company, and PHL Variable Insurance
Company (the "Agreement") is hereby amended as follows:
Section 4.4 of the Agreement is deleted in its entirety and replaced with
the following provision:
4.4 At your option, we shall provide you, at our expense, with either:
(i) for each Contract owner who is invested through the Account in a
subaccount corresponding to a Portfolio ("designated subaccount"), one copy
of each of the following documents on each occasion that such document is
required by law or regulation to be delivered to such Contract owner who is
invested in a designated subaccount: the Trust's current prospectus, annual
report, semi-annual report and other shareholder communications, including
any amendments or supplements to any of the foregoing, pertaining
specifically to the Portfolios ("Designated Portfolio Documents"); or (ii) a
camera ready copy of such Designated Portfolio Documents in a form suitable
for printing and from which information relating to series of the Trust
other than the Portfolios has been deleted to the extent practicable. In
connection with clause (ii) of this paragraph, we will pay for proportional
printing costs for such Designated Portfolio Documents in order to provide
one copy for each Contract owner who is invested in a designated subaccount
on each occasion that such document is required by law or regulation to be
delivered to such Contract owner, and provided the appropriate documentation
is provided and approved by us. We shall provide you with a copy of the
Trust's current statement of additional information, including any
amendments or supplements, in a form suitable for you to duplicate. The
expenses of furnishing, including mailing, to Contract owners the documents
referred to in this paragraph shall be borne by you. For each of the
documents provided to you in accordance with clause (i) of this paragraph
4.4, we shall provide you, upon your request and at your expense, additional
copies. In no event shall we be responsible for the costs of printing or
delivery of Designated Portfolio Documents to potential or new Contract
owners or the delivery of Designated Portfolio Documents to existing
contract owners.
All other terms and provisions of the Agreement not amended herein shall remain
in full force and effect.
Effective Date as of May 1, 2000.
Franklin Xxxxxxxxx Variable Insurance Products Trust Franklin Xxxxxxxxx Distributors, Inc.
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By: /s/ Xxxxx X. Xxxxxxxx By: /s/ Xxxx Xxxxxx
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Name: Xxxxx X. Xxxxxxxx Name: Xxxx Xxxxxx
Title: Assistant Vice President Title: Vice President
Phoenix Home Life Mutual Insurance Company PHL Variable Insurance Company
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By: /s/ Xxxxx X. Xxx By: /s/ Xxxxx X. Xxx
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Name: Xxxxx X. Xxx Name: Xxxxx X. Xxx
Title: Executive Vice President Title: President
