AMENDMENT NO. 3
to the
FUND PARTICIPATION AGREEMENT
(Service Shares)
Pursuant to the Fund Participation Agreement, made and entered into as
of the 15th day of December, 2000, by and among Janus Aspen Series and Columbus
Life Insurance Company, the parties hereby agree to an amended Schedule A as
attached hereto.
In addition, the parties agree to add the following section as Section
1.10 to the Agreement:
1.10 All orders accepted by the Company shall be subject to the terms
of the then current prospectus of each Portfolio, including without
limitation, policies regarding minimum account sizes, market timing and
excessive trading. The Company shall use its best efforts, and shall
reasonably cooperate with, the Trust to enforce stated prospectus
policies regarding transactions in Shares, particularly those related
to market timing. The Company acknowledges that orders accepted by it
in violation of the Trust's stated policies may be subsequently revoked
or cancelled by the Trust and that the Trust shall not be responsible
for any losses incurred by the Company or Contract or Account as a
result of such cancellation. The Trust or its agent shall notify the
Company of such cancellation prior to 12:00 p.m. EST on the next day
following Business Day after any such cancellation.
In addition, the Company acknowledges that the Trust has the
right to refuse any purchase order for any reason, particularly if the
Trust determines that a Portfolio would be unable to invest the money
effectively in accordance with its investment policies or would
otherwise be adversely affected due to the size of the transaction,
frequency of trading by the account or other factors.
IN WITNESS WHEREOF, each of the parties hereto has caused this
Amendment to the Fund Participation Agreement to be executed in its name and on
its behalf by its duly authorized representative. The Amendment shall take
effect on May 1, 2005.
JANUS ASPEN SERIES COLUMBUS LIFE INSURANCE COMPANY
By: By:
--------------------------------- -----------------------------
Name: Xxxxxx X. Xxxx Name: Xxxx X. Xxxxxxxxx
Title: Vice President Title: Senior Vice President
Schedule A
Separate Accounts and Associated Contracts
Contracts Funded
Name of Separate Account By Separate Account
Columbus Life Insurance Company Pinnacle Variable Universal Life
Separate Account 1
September 10, 1998 Legacy Survivorship Variable
Universal Life
Pinnacle II Variable Universal Life