AMENDMENT NO. 1
To the Investment Services Agreement between
THE MANUFACTURERS LIFE INSURANCE COMPANY
("Manulife ")
and
THE MANUFACTURERS LIFE INSURANCE COMPANY OF NEW YORK
("Manulife New York")
WHEREAS, Manulife and Manulife New York have entered into an Investment
Services Agreement (the "Agreement") on the 1st day of October, 1997; and
WHEREAS, the parties wish to amend the Agreement to authorize Manulife
to furnish investment services thereunder through one or more affiliates,
subject to the terms, conditions and restrictions of the Agreement.
NOW, THEREFORE, the parties do hereby agree as follows:
1. Section 1 of the Agreement is amended to read as follows:
1. PERFORMANCE OF SERVICES. Subject to the terms, conditions and limitations
of this Agreement, Provider agrees to the extent requested by Company to
perform diligently and in a professional manner such services for Company as
Company determines to be reasonably necessary in the conduct of its investment
operations.
Provider agrees at all times to maintain sufficient facilities and
trained personnel of the kind necessary to perform this Agreement.
Provider may arrange to furnish services through one or more of its
affiliates, subject to the terms, conditions and limitations set forth herein.
In such case, the Provider shall
furnish Company with written confirmation of the nature and extent of services
to be provided by such affiliate(s) and the location(s) at which such services
shall be performed. Any such affiliate shall agree in writing to observe and be
bound by all of the terms and conditions of this Agreement applicable to
Provider in performing such services, and its records shall be subject to
inspection, audit and examination by the Company as provided herein. Provider
shall, at all times, remain liable to the Company for the performance of
services by such affiliate(s) to the same extent as if they had been performed
by Provider itself.
2. All other provisions of the Agreement shall remain unchanged.
3. This amendment shall take effect on the date set forth below.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed on the 31st day of August, 2000.
THE MANUFACTURERS LIFE INSURANCE COMPANY
By: /s/ XXXX X.XXXXXXX III
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XXXX X.XXXXXXX III
EXECUTIVE VICE PRESIDENT U.S. OPERATIONS
THE MANUFACTURERS LIFE INSURANCE COMPANY OF NEW YORK
By: /s/ XXXXX X. XXXXXXXXX
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XXXXX X. XXXXXXXXX
PRESIDENT
