Exhibit (8)(cc)(ii)
FIRST AMENDMENT TO PARTICIPATION AGREEMENT
This First AMENDMENT TO PARTICIPATION AGREEMENT dated as of October 30,
2009, by and among VANGUARD VARIABLE INSURANCE FUND, THE VANGUARD GROUP, INC.,
VANGUARD MARKETING CORPORATION and JEFFERSON NATIONAL LIFE INSURANCE COMPANY.
WITNESSETH:
WHEREAS, the parties hereto have entered into a Participation Agreement
dated as of April 7, 2009, (the "Participation Agreement"), pursuant to which
the Sponsor has agreed to make shares of the Fund available for purchase and
redemption by certain Accounts of the Company in connection with the Company's
Variable Insurance products; and
WHEREAS, the parties desire to modify the Participation Agreement in
certain respects;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties hereto, intending to be legally bound, hereby agree as follows:
1. Defined Terms. Unless otherwise defined herein, capitalized terms in this
First Amendment shall have the meanings assigned in the Participation Agreement.
2. Amendment of Participation Agreement. The Participation Agreement is hereby
amended by replacing Schedules B and C to the Participation Agreement with
Schedules B and C attached to this First Amendment.
3. No Other Modifications. Except as specifically modified hereby, the
Participation Agreement remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed on their behalf by their duly authorized officers as of the day and
year first above written.
VANGUARD VARIABLE INSURANCE FUND
By: /s/ Xxxxx Xxxx
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Name: Xxxxx Xxxx
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Title: Secretary
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THE VANGUARD GROUP, INC.
By: /s/ Xxxxxxx X. Xxxx
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Name: Xxxxxxx X. Xxxx
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Title: Principal
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VANGUARD MARKETING CORPORATION
By: /s/ Xxxxx Xxxx
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Name: Xxxxx Xxxx
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Title: Senior Vice President
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JEFFERSON NATIONAL LIFE INSURANCE COMPANY
By: /s/ Xxxxx X. Xxxxxx Attest: /s/ Xxxxxx Xxx
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Name: Xxxxx X. Xxxxxx Name: Xxxxxx Xxx
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Title: General Counsel Title: CFO
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[CORPORATE SEAL]
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SCHEDULE B
PORTFOLIOS
The following Portfolios of the Vanguard Variable Insurance Funds shall be
made available as investments underlying the Variable Insurance Products,
subject to the limitations set forth in Section 2.13(c) hereof:
Total Bond Market Index Portfolio
Short-Term Investment Grade Portfolio
Balanced Portfolio
Diversified Value Portfolio
Equity Index Portfolio
Small Company Growth Portfolio
International Portfolio
Total Stock Market Index Portfolio
Capital Growth Portfolio
Equity Income Portfolio
High Yield Bond Portfolio
Mid-Cap Index Portfolio
REIT Index Portfolio
Growth Portfolio
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SCHEDULE C
LARGE TRANSACTION AMOUNTS
Portfolio Large Transaction Amount
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Total Bond Market Index Portfolio $ 400,000
Short-Term Investment-Grade Portfolio 750,000
Balanced Portfolio 1,000,000
Diversified Value Portfolio 1,000,000
Equity Index Portfolio 500,000
Small Company Growth Portfolio 1,000,000
International Portfolio 1,000,000
Total Stock Market Index Portfolio 500,000
Capital Growth Portfolio 250,000
Equity Income Portfolio 500,000
High Yield Bond Portfolio 500,000
Mid-Cap Index Portfolio 100,000
REIT Index Portfolio 100,000
Growth Portfolio 500,000
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