AMENDMENT NO. 1
to the
PARTICIPATION AGREEMENT
AMENDMENT, dated as of January 18, 2001, to the Participation Agreement
dated as of March 31, 1999 (the "Agreement"), by and among The Xxxxx American
Fund (the "Trust"), Western-Southern Life Assurance Company (the "Company"), and
Xxxx Xxxxx & Company, Incorporated (the "Distributor").
WHEREAS, the Trust, the Company and the Distributor wish to revise Section
1.8 of the Agreement;
NOW, THEREFORE, in accordance with Section 8.10 of the Agreement, the
Trust, the Company and the Distributor hereby agree as follows:
Section 1.8 of the Agreement is hereby amended, and restated in its
entirety, as follows:
1.8 The Trust shall calculate the net asset value of each
Portfolio on each Business Day, as defined in Section 1.3. The Trust
shall make the net asset value per share for each Portfolio available
to the Company or its designated agent on a daily basis as soon as
reasonably practical after the net asset value per share is calculated
and shall use its best efforts to make such net asset value per share
available to the Company by 6:30 p.m. Eastern time each Business Day.
If the Trust provides the Company with materially incorrect share net
asset value information, the Trust shall make an adjustment to the
number of shares purchased or redeemed for the Accounts to reflect the
correct net asset value per share. Any material error in the
calculation or reporting of net asset value per share, dividend or
capital gains information shall be reported promptly upon discovery to
the Company.
Except as expressly set forth above, all other terms and provisions 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 XXXXX AMERICAN FUND WESTERN-SOUTHERN LIFE
ASSURANCE COMPANY
By:__________________________ By:___________________________
Name: Name: Xxxx X. XxXxxxxx
Title: Title: Senior Vice President
XXXX XXXXX & COMPANY,
INCORPORATED
By:__________________________
Name:
Title:
