AMENDMENT TO FUND PARTICIPATION AGREEMENT Clayton Street Trust
AMENDMENT TO FUND PARTICIPATION AGREEMENT
Xxxxxxx Street Trust
This Amendment to the Fund Participation Agreement (the “Amendment”) entered into as of September 1, 2020 (“Effective Date”) amends the Fund Participation Agreement dated May 1, 2016 (the “Agreement”) between Protective Life Insurance Company (the “Company”), on its behalf and on behalf of each segregated asset account of the Company set forth on Schedule A, as may be amended from time to time (“the Accounts”). All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to such term in the Agreement.
WHEREAS, the parties desire to amend the Agreement to update Schedule A of the Agreement and update terms of the Agreement as provided herein.
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, and intending to be legally bound, the Agreement is hereby amended as follows:
- Schedule A is hereby deleted in its entirety and replaced with the attached Schedule A.
2. Article 2.4 is hereby deleted in its entirety and replaced with the following:
“2.4
The Company agrees and acknowledges that Xxxxx Xxxxxxxxx Group plc (“Xxxxx Xxxxxxxxx”) or its affiliate is the sole owner of the name and xxxx “Janus” and/or “Xxxxx Xxxxxxxxx.” All references contained in this Agreement to “the name or xxxx ‘Janus’ and/or ‘Xxxxx Xxxxxxxxx’” shall include but not be limited to the Xxxxx Xxxxxxxxx logo, the website xxx.xxxxxxxxxxxxxx.xxx and any and all electronic links relating to such website. Neither the Company, nor its affiliates, employees, or agents shall, without prior written consent of Xxxxx Xxxxxxxxx, use the name or xxxx “Janus” and/or “Xxxxx Xxxxxxxxx,” including any derivations thereof, or make representations regarding the Trust, Xxxxx Xxxxxxxxx, or their affiliates, or any products or services sponsored, managed, advised, or administered by the Trust, Xxxxx Xxxxxxxxx, or their affiliates, except those contained in the then-current Prospectus and the then-current printed sales literature for the Shares of the Portfolios. The Company will make no use of the name or xxxx “Janus” and/or “Xxxxx Xxxxxxxxx,” including any derivations thereof, except as expressly provided in this Agreement or expressly authorized by Xxxxx Xxxxxxxxx in writing. All goodwill associated with the name and xxxx “Xxxxx” and/or “Xxxxx Xxxxxxxxx,” including any derivations thereof, shall inure to the benefit of Xxxxx Xxxxxxxxx or its affiliate. Upon termination of this Agreement for any reason, the Company shall immediately cease any and all use of any Janus and/or Janus Xxxxxxxxx xxxx(s).”
Except as modified herein, all other terms and conditions of the Agreement remain in
full force and effect. Unless otherwise indicated, the terms defined in the Agreement shall have the same meaning in this Amendment.
This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original.
IN WITNESS WHEREOF, the parties have caused their duly authorized officers to execute this Amendment as of September 1, 2020.
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PROTECTIVE LIFE INSURANCE COMPANY
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JANUS DISTRIBUTORS LLC
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By: /s/ Xxxxx Xxxxxxxx
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By: /s/ Xxxxxxx X. Xxxxxxx
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Name: Xxxxx Xxxxxxxx
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Name: Xxxxxxx X. Xxxxxxx
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Title: SVP
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Title: Vice President
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JANUS SERVICES LLC
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By: /s/ Xxxxx Xxxxxx
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Name: Xxxxx Xxxxxx
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Title: Vice President
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Schedule A
Separate Accounts and Associated Contracts
Name of Separate Account
Contracts Funded by Separate Account
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Protective Variable Annuity Separate Account
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Protective Variable Annuity II, B Series
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Protective Dimensions II Variable Annuity
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Protective Variable Annuity Investor Series
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Protective Investors Benefit Advisor Variable Annuity
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Schwab Genesis Advisory Variable Annuity
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Schwab Genesis Variable Annuity
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