EXHIBIT 27(h)(2)(ii)
AMENDMENT TO FUND PARTICIPATION AGREEMENT
(SERVICE SHARES)
This Amendment to the Fund Participation Agreement ("Agreement") dated
January 21, 2000, as amended, between Janus Aspen Series, an open-end management
investment company organized as a Delaware business trust (the "Trust"), Janus
Distributors, Inc. ("Distributor"), a registered broker-dealer under the
Securities Exchange Act of 1934 and member of the National Association of
Securities Dealers, Inc., and a corporation organized under the laws of the
State of Colorado, and Northstar Life Insurance Company, a New York life
insurance company (the "Company") is effective as of February 19, 2001.
AMENDMENT
For good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree to amend the Agreement as follows:
1. Article I of the Participation Agreement is hereby amended by
adding the following:
1.10 In the event adjustments are required to correct any material
error in the computation of the net asset value of the Trust's shares,
the Trust shall notify the Company as soon as practicable after
discovering the need for those adjustments which result in a
reimbursement to an Account in accordance with the Trust's then current
policies on reimbursement, which the Trust represents are consistent
with applicable SEC standards. If an adjustment is to be made in
accordance with such policies to correct an error which has caused an
Account to receive an amount different than that to which it is
entitled, the Trust shall make all necessary adjustments to the number
of shares owned in the Account and distribute to the Account the amount
of such underpayment for credit to the Contract owners.
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.
NORTHSTAR LIFE JANUS ASPEN SERIES
INSURANCE COMPANY
By: /s/Xxxxxx X. Xxxxxxx By: /s/Xxxxxx X. Xxxx
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Name: Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxx
Title: President Title: Vice President
JANUS DISTRIBUTORS, INC.
By: /s/Xxxxxx Xxxxxx Xxxxx
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Name: Xxxxxx Xxxxxx Xxxxx
Title: Vice President
