AMENDMENT NO. 4 TO FUND PARTICIPATION AGREEMENT
THIS AMENDMENT NO. 4 TO FUND PARTICIPATION AGREEMENT is made as of this
____ day of February, 2003 by and between SAFECO LIFE INSURANCE COMPANY (the
"Company"), AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. (the "Issuer"), and
AMERICAN CENTURY INVESTMENT SERVICES, INC. (the "Distributor"). Capitalized
terms not otherwise defined herein shall have the meaning ascribed to them in
the Agreement (defined below).
RECITALS
WHEREAS, the Company, the Issuer and the Distributor are parties to a
certain Fund Participation Agreement dated December 19, 1995, as amended on June
26, 1997, September 12, 1997 and February 22, 2002 (the "Agreement") whereby
shares of the Funds were made available to serve as investment funding options
for the Contracts; and
WHEREAS, the Company, the Issuer and the Distributor wish to supplement the
Agreement as provided herein;
NOW, THEREFORE, in consideration of the mutual promises set forth herein,
the parties hereto agree as follows:
1. ADDITION OF FUND. The second Whereas clause of the Agreement is hereby
amended to read "WHEREAS, the Company wishes to offer as investment options
under the Contracts, VP Balanced, VP International, VP Value and VP Ultra II
(the "Funds"), each of which is a series of mutual fund shares registered under
the Investment Company Act of 1940, as amended, and issued by the Issuer."
2. RATIFICATION AND CONFIRMATION OF AGREEMENT. In the event of a conflict
between the terms of this Amendment No. 4 and the Agreement, it is the intention
of the parties that the terms of this Amendment No. 4 shall control and the
Agreement shall be interpreted on that basis. To the extent the provisions of
the Agreement have not been amended by this Amendment No. 4, the parties hereby
confirm and ratify the Agreement.
3. COUNTERPARTS. This Amendment No. 4 may be executed in two or more
counterparts, each of which shall be an original and all of which together shall
constitute one instrument.
4. FULL FORCE AND EFFECT. Except as expressly supplemented, amended or
consented to hereby, all of the representations, warranties, terms, covenants
and conditions of the Agreement shall remain unamended and shall continue to be
in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 4 as
of the date first above written.
SAFECO LIFE INSURANCE COMPANY AMERICAN CENTURY INVESTMENT
SERVICES, INC.
By: By:
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Name: Name:
Title: Title:
AMERICAN CENTURY VARIABLE
PORTFOLIOS, INC.
By:
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Name:
Title:
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