AMENDMENT NO. 3
to the
FUND PARTICIPATION AGREEMENT
Amendment dated as of February 1, 2008 ("Amendment") to the Fund Participation
Agreement made and entered into as of July 19, 1999, as amended (the
"Agreement"), by and among Phoenix Life and Annuity Company ("Life Company"),
DWS Investments VIT Funds (formerly, Deutsche Asset Management VIT Funds and BT
Insurance Funds Trust) ("Trust") and Deutsche Investment Management Americas
Inc. (successor by merger to Deutsche Asset Management, Inc.) ("Adviser").
WHEREAS, the parties want to amend the Agreement to change the Portfolios
available thereunder,
NOW THEREFORE, the parties do hereby agree to amend the Agreement as follows:
Appendix A is deleted in its entirety and replaced with the Appendix A attached
hereto.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment No. 3
to the Fund Participation Agreement to be executed in its name and on its
behalf by its duly authorized representative.
PHOENIX LIFE AND ANNUITY COMPANY
By:
/s/ Xxxx Xxxxxxx X'Xxxxxxx
--------------------------
Name: Xxxx Xxxxxxx X'Xxxxxxx
Title: Senior Vice President
DWS INVESTMENTS VIT FUNDS
By:
/s/ Xxxxxxx Xxxxx
--------------------------
Name: Xxxxxxx Xxxxx
Title: President
DEUTSCHE INVESTMENT
MANAGEMENTAMERICAS INC.
By:
/s/ Xxxxxxx Xxxxx
--------------------------
Name: Xxxxxxx Xxxxx
Title: COO-Asset Mng. Americas
By:
/s/ Xxxxxx Xxxxxxx
--------------------------
Name: Xxxxxx Xxxxxxx
Title: Director
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APPENDIX A
Portfolios and Classes Thereof
1. DWS Equity 500 Index 500 VIP, Class A
2. DWS Small Cap Index VIP, Class A
PARTICIPATION AGREEMENT AMENDMENT NO. 3 (PHOENIX LIFE & ANNUITY VIT)
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