Amendment to
Amendment to
Master Fund Participation Agreement
This Amendment is to the Master Fund Participation Agreement dated September 25, 2017 (“Agreement”) among Xxxxxxx National Life Insurance Company of New York (“Insurance Company”), on behalf of itself and certain of its separate accounts listed on Attachment B hereto, severally and not jointly (each, an “Account”); JNL Series Trust (“Trust”), an open-end investment company organized under the laws of the Commonwealth of Massachusetts on behalf of each series of the Trust listed on Attachment A hereto, severally and not jointly (each, a “Fund” and collectively, the “Funds”); Vanguard Variable Insurance Fund (“Series”), a Delaware business trust, The Vanguard Group, Inc. (“Sponsor”), a Pennsylvania corporation; and Vanguard Marketing Corporation (hereinafter, the “Distributor”), a Pennsylvania corporation.
Whereas, effective October 1, 2020, the parties have agreed to amend Section 18 of the Agreement to update the notice information for the Series, Sponsor and the Distributor.
Now, Therefore, the parties hereto agree to amend the Agreement as follows:
1. Section 18 to the Agreement is hereby deleted and replaced, in its entirety, as follows:
| 18. | All notices, consents, waivers, and other communications under this Agreement must be in writing, and will be deemed to have been duly received: (a) when delivered by hand (with written confirmation of receipt); (b) when sent by telecopier (with written confirmation of receipt), provided that a copy is mailed by registered mail, return receipt requested; (c) the day after it is sent by a nationally recognized overnight delivery service; or (d) when overnight delivery service is not utilized, five days after it is otherwise sent by a nationally recognized delivery service, in each case to the appropriate addresses and telecopier numbers set forth below (or to such other addresses and facsimile numbers as a party may designate by notice to the other parties): |
If to Insurance Company:
Xxxxxxx National Life Insurance Company of New York
0 Xxxxxxxxx Xxx
Xxxxxxx, XX 00000
Attention: General Counsel, Legal Department
Facsimile No.: (000) 000-0000
If to the Trust:
0 Xxxxxxxxx Xxx
Xxxxxxx, XX 00000
Attention: Xxxxx X. Xxxx
Facsimile No.: (000) 000-0000
If to Series:
Vanguard
Legal Department, V26
000 Xxxxxxxx Xxxx
Xxxxxxx, XX 00000
Attention: Intermediary Agreements - VVIF
Facsimile No.: (000) 000-0000
If to Sponsor or Distributor:
Vanguard
Legal Department, V26
000 Xxxxxxxx Xxxx
Xxxxxxx, XX 00000
Attention: Intermediary Agreements
Facsimile No.: (000) 000-0000
2. Except as specifically amended hereby, the Agreement shall remain in full force and effect in accordance with its terms.
3. Each party hereby represents and warrants to the other parties that it has full authority to enter into this Amendment upon the terms and conditions hereof and that the individual executing this Amendment on its behalf has the requisite authority to execute this Amendment.
In Witness Whereof, the parties hereto have caused this Amendment to be executed as of October 22, 2020. This Amendment may be executed in two or more counterparts, which together shall constitute one document.
| Insurance Company | ||
| (on behalf of itself and each Account) | ||
|
By: |
/s/ Xxxxx X. Xxxxx |
|
| Name: | Xxxxx X. Xxxxx | |
| Title: | Vice President, Deputy General Counsel | |
| The Trust | ||
| (on behalf of each Fund) | ||
|
By: |
/s/ Xxxxx X. Xxxxxxx |
|
| Name: | Xxxxx X. Xxxxxxx | |
| Title: | Assistant Secretary | |
| Vanguard Variable Insurance Fund | ||
|
By: |
/s/ Xxxxxxx X. Xxxxx |
|
| Name: | Xxxxxxx X. Xxxxx | |
| Title: | Assistant Secretary | |
| The Vanguard Group, Inc. | ||
|
By: |
/s/ Xxxxx Xxxxxxxx |
|
| Name: | Xxxxx Xxxxxxxx | |
| Title: | Principal | |
| Vanguard Marketing Corporation | ||
|
By: |
/s/ Xxxxx Xxxxxxxx |
|
| Name: | Xxxxx Xxxxxxxx | |
| Title: |
Principal
|
|
|
|
||
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