AMENDMENT NO. 8 TO PARTICIPATION AGREEMENT
AMENDMENT NO. 8 TO PARTICIPATION AGREEMENT
THIS AMENDMENT, made and entered into as of the 1st day of May, 2013 by and among TRANSAMERICA LIFE INSURANCE COMPANY, (the “Company”), on its own behalf an on behalf of each segregated asset account of the Company set forth on Schedule A hereto as may be revised from time to time (the “Account”); and FIDELITY DISTRIBUTORS CORPORATION (the “Underwriter”); and each of VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II, VARIABLE INSURANCE PRODUCTS FUND III, VARIABLE INSURANCE PRODUCTS FUND IV and VARIABLE INSURANCE PRODUCTS FUND V (the “Fund”).
WHEREAS, the parties desire to further amend the Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
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1.
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The existing 2nd Whereas clause of the Agreement is hereby deleted in its entirety and replaced with the following:
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WHEREAS, the beneficial interest in each Fund is divided into several series of shares, each representing the interest in a particular managed portfolio of securities and other assets, any one or more of which may be made available under this Agreement, as may be revised or supplemented from time to time with notice to all parties hereto (each such series hereinafter referred to as a “Portfolio”); and
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2.
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A new paragraph, numbered consecutively, is added to ARTICLE II. Representations and Warranties, as follows:
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2.12. Fund and Underwriter each agree to promptly notify the Company when any underlying fund becomes a commodity pool as defined under the Commodities Exchange Act (“CEA”), and Fund Manager is required to register with the Commodity Futures Trading Commission (“CFTC”) as a commodity pool operator (“CPO”) with respect to any underlying fund. Until such notification is provided to the Company, Fund and Underwriter represents and warrants that it is not a CPO and not required to register as a CPO with respect to any underlying fund. Fund and Underwriter each represent and warrant that it will at all times comply in all material respects with the CEA and CFTC rules and regulations to the extent required in connection with the operations of the Fund and the underlying funds.
All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. Unless otherwise specified, all defined terms shall have the same meaning given to them in the Agreement.
Effective Date: May 1, 2013
TRANSAMERICA LIFE INSURANCE COMPANY
By: /s/ Xxxx Mallett____________
Name: Xxxx Xxxxxxx
Title: Vice President
Date: 5-28-13__________________
VARIABLE INSURANCE PRODUCTS FUND,
VARIABLE INSURANCE PRODUCTS FUND II,
VARIABLE INSURANCE PRODUCTS FUND III, and
VARIABLE INSURANCE PRODUCTS FUND V
By: /s/ Xxxxxx Zambello_________
Name: Xxxxxx Xxxxxxxx
Title: Deputy Treasurer
Date: 6/18/13__________________
FIDELITY DISTRIBUTORS CORPORATION
By: /s/ Xxxxxx Bachman___________
Name: Xxxxxx Bachman_____________
Title: EVP_______________________
Date: 06/10/13___________________
Schedule A
Separate Accounts and Associated Contracts
Revised May 1, 2013
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Products
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Accounts
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Fidelity Income Plus
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Fidelity Variable Annuity Account
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Transamerica Variable Annuity Series
Partners Variable Annuity Series
MEMBERS® Variable Annuity Series
Transamerica AxiomSM II
Transamerica Advisor EliteSM II
Transamerica LandmarkSM Variable Annuity
Transamerica FreedomSM Variable Annuity
Transamerica ExtraSM Variable Annuity
Transamerica Advisor EliteSM Variable Annuity
Transamerica AxiomSM Variable Annuity
Transamerica LibertySM Variable Annuity
MEMBERS® LandmarkSM Variable Annuity
MEMBERS® FreedomSM Variable Annuity
MEMBERS® ExtraSM Variable Annuity
MEMBERS® LibertySM Variable Annuity
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Separate Account VA B
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Retirement Income BuilderSM Variable Annuity
Immediate Income BuilderSM
Portfolio SelectSM Variable Annuity
Retirement Income BuilderSM II Variable Annuity
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Retirement Builder Variable Annuity Account
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Transamerica Access Variable Annuity
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Separate Account VA D
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Privilege Select Variable Annuity
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Separate Account VA E
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Premier Asset Builder Variable Annuity
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Separate Account VA F
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Immediate Income BuilderSM II
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Separate Account VA J
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Retirement Income BuilderSM IV
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Separate Account VA K
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Transamerica Opportunity Builder Variable Annuity
Transamerica TraditionsSM Variable Annuity
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Separate Account VA P
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Advantage V
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PFL Corporate Account One
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PFL Variable Universal Life Policy
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PFL Variable Life Account A
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Legacy Builder Plus Variable Universal Life Policy
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Separate Account VUL A
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Advantage X Variable Adjustable Life Insurance Policy
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Advantage R3 Variable Adjustable Life Insurance Policy
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Transamerica Separate Account R3
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Transamerica PrincipiumSM
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Separate Account VA R
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Advantage VI Variable Adjustable Group Life Insurance Policy
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PFL Corporate Account One
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TransMark Optimum Choice® Variable Annuity
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Separate Account VA – 8
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Transamerica Elite
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Separate Account VUL-3
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TransSurvivor
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Separate Account VUL-4
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TransUltra
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Separate Account VUL-5
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TransAccumulator VUL
TransAccumulator VUL II
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Separate Account VUL-6
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Variable Protector
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Variable Life Account A
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