AMENDMENT TO FUND PARTICIPATION AGREEMENT
Exhibit 8(d)(i)
AMENDMENT TO
FUND PARTICIPATION AGREEMENT
FUND PARTICIPATION AGREEMENT
This Amendment to Fund Participation Agreement (“Amendment”) is made as of December 1, 2005 by
and between Janus Aspen Series, an open-end management investment company organized as a Delaware
business trust (“Trust”) and Annuity Investors Life Insurance Company, a life insurance company
organized under the laws of the State of Ohio (the “Company”).
BACKGROUND
A. Trust and Company are parties to a Janus Aspen Series Fund Participation Agreement dated
September 1, 1995, as amended, (collectively, the “Agreement”).
B. The parties wish to further amend the Agreement as set forth below.
AMENDMENT
For good and valuable consideration, the receipt of which is acknowledged, the parties agree
as follows:
1. The following sentence shall be added to the end of Article 1, Section 1.3 of the
Agreement:
“Notwithstanding the foregoing, with respect to any purchase and/or redemption
orders relating to any Portfolio sub-advised by Enhanced Investments
Technologies, LLC (“INTECH”) as identified in the then current Prospectus for
each Fund, receipt by the Company shall constitute receipt by the Trust
provided that i) such orders are received by the Company in good order prior to
the time the net asset value of each Portfolio is priced in accordance with its
prospectus and ii) the Trust receives notice of such orders by 8:00 a.m. New
York time on the next following Business Day.
[8:30] JLG KAH 1/22//06]
2. The Agreement, as amended by this Amendment, is ratified and confirmed.
3. This Amendment may be executed in two or more counterparts, which together shall constitute
one instrument.
JANUS ASPEN SERIES | ANNUITY INVESTORS LIFE | |||||||
INSURANCE COMPANY | ||||||||
By:
|
/s/ Xxxxx Xxxxxx Xxxxx | By: | /s/ Xxxxx X. Xxxxxxxxx | |||||
Name: Xxxxxx Xxxxxx Xxxxx | Name: Xxxxx X. Xxxxxxxxx | |||||||
Its: President and CEO | Its: Vice President |