Amendment No.4 to the Fund Participation Agreement
Exhibit 99.8(HH)
Amendment No.4
to the Fund Participation Agreement
AMENDMENT, dated as of July 22, 2006, to the Fund Participation Agreement dated as of the 2nd day of October, 1997 (the “Agreement”), by and between DWS Investments VIT Funds (formerly Deutsche Asset Management VIT Funds) (“Trust”), Deutsche Asset Management, Inc. (formerly Bankers Trust Company) (“Adviser”), and Integrity Life Insurance Company (“Life Company”).
WHEREAS, effective January 1, 2006, Life Company is moving its executive and administrative offices; and
WHEREAS, as of February 6, 2006, the Trust was and the Portfolios were re-branded “DWS” and the Trust’s name was changed to “DWS Investments VIT Funds”; and
WHEREAS, Appendix A to the Agreement requires updating to reflect a current and complete list of Separate Accounts and Portfolios, and Appendix B should be deleted because it is redundant;
NOW, THEREFORE, in accordance with Section 10.9 of the Agreement, Trust, Life Company, and Adviser hereby agree as follows:
1. The parties agree that all references to “Deutsche Asset Management VIT Funds” or the “Trust” shall mean “DWS Investments VIT Funds.”
2. ARTICLE IX. NOTICES is hereby amended such that the address listed for each of Life Company, Trust and Adviser is replaced in its entirety with the following:
If to LIFE COMPANY:
Integrity Life Insurance Company
000 Xxxxxxxx Xxxxxx
Xxxxxxxxxx, Xxxx, 00000
Attention: Xxxxx X. Xxxxxx, General Counsel.
If to TRUST:
DWS Investments VIT Funds
000 Xxxx Xxxxxx
00xx Xxxxx
Xxx Xxxx, XX 00000
Attention: Legal Department (Retail Division)
If to ADVISER:
Deutsche Asset Management, Inc.
000 Xxxx Xxxxxx
00xx Xxxxx
Xxx Xxxx, XX 00000
Attention: Legal Department (Retail Division)
3. Appendix A to the Agreement is hereby amended, and restated in its entirety, by the Appendix A attached to this Amendment.
4. Appendix B is hereby deleted.
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.
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DWS INVESTMENTS VIT FUNDS | |
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By: |
/s/Xxxxxxx Xxxxx |
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Name: |
Xxxxxxx Xxxxx |
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Title: |
President |
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INTEGRITY LIFE INSURANCE COMPANY | |
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By: |
/s/Xxxxx X. Xxxxxx |
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Name: |
Xxxxx X. Xxxxxx |
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Title: |
Sr. Vice President and General Counsel |
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DEUTSCHE ASSET MANAGEMENT, INC. | |
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By: |
/s/Xxxx Xxxxxxxxx |
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Name: |
Xxxx Xxxxxxxxx |
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Title: |
President & Chief Executive Officer |
APPENDIX A
(Revised effective July 22, 2006)
to Fund Participation Agreement by and among DWS Investments VIT Funds (formerly Deutsche Asset Management VIT Funds), Deutsche Asset Management, Inc. and Integrity Life Insurance Company
List of Portfolios:
DWS Equity 500 Index VIP, Class A and Class B
DWS Small Cap Index VIP, Class A and Class B
