AMENDMENT TO FUND PARTICIPATION AGREEMENT
This Amendment to the Fund Participation Agreement ("Agreement") dated
May 29, 1998, as amended, between Janus Aspen Series, an open-end management
investment company organized as a Delaware business trust (the "Trust") and G.E.
Capital Life Assurance Company of New York, a New York life insurance company
(the "Company") is effective as of January 1, 2004.
AMENDMENT
For good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree to amend the Agreement as follows:
Section 2.3 of this Agreement shall be deleted in its entirety and is
replaced with the following:
2.3 The Trust or its investment adviser shall bear the costs of
printing the Trust's prospectus and shareholder reports to owners of policies
for which the Trust is serving as an investment vehicle. The Company shall bear
the costs of distributing such prospectuses and reports and for printing such
prospectuses and reports for applicants for policies. The Company shall be
responsible for printing and distributing statements of additional information
and other shareholder communications to policy owners and applicants. The
Company shall bear the costs of distributing proxy materials (or similar
materials such as voting solicitation instructions) to Contract owners. The
Company assumes sole responsibility for ensuring that such materials are
delivered to Contract owners in accordance with applicable federal and state
securities laws.
All other terms 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.
G.E. CAPITAL LIFE ASSURANCE
COMPANY OF NEW YORK
By: /s/Xxxxxxxx X. Stiff
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Name: Xxxxxxxx X. Stiff
Title: Senior Vice President
JANUS ASPEN SERIES
By: /s/Xxxxxx X. Xxxx
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Name: Xxxxxx X. Xxxx
Title: Vice President
