FIFTH AMENDMENT TO PARTICIPATION AGREEMENT
FIFTH AMENDMENT TO
This Fifth Amendment to Participation Agreement (“Amendment”) is entered into by and among Xxxx Xxxxx Investor Services, LLC, (the “Distributor”), Xxxx Xxxxx Partners Variable Equity Trust and Xxxx Xxxxx Partners Variable Income Trust (each a “Fund”, collectively the “Funds”) and Pacific Life & Annuity Company (the “Company” or “You”).
WHEREAS, the parties entered into a Participation Agreement dated April 3, 2007, as amended (the “Agreement”);
WHEREAS, the parties desire to amend the Agreement to include additional Fund portfolios as investments for the Contracts;
NOW, THEREFORE, in consideration of these premises and the terms and conditions set forth herein, the parties agree as follows:
1. Schedule B of this Amendment, attached hereto, supersedes and replaces in its entirety Schedule B of the Agreement.
To the extent that provisions of the Agreement and this Amendment are in conflict, the terms of this Amendment shall control. Except to the extent amended by this Amendment, the Agreement shall remain unchanged and in full force and effect, and is hereby ratified and confirmed in all respects as amended hereby. Capitalized terms not defined in this Amendment shall have the definition set forth in the Agreement.
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be executed in its name and on its behalf by its duly authorized representatives as of August 1, 2020.
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Xxxx Xxxxx Investor Services, LLC |
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Pacific Life & Annuity Company | ||||
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By: |
/s/ Xxxxxx X’Xxxx |
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By: |
/s/ Xxxxxx Xxxxxxxx |
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Name: |
Xxxxxx X’Xxxx |
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Name: |
Xxxxxx Xxxxxxxx | ||
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Title: |
COO US Distribution |
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Title: |
Assistant Vice President | ||
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Date: 9/4/202 |
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Date: 8/20/2020 | ||||
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Xxxx Xxxxx Partners Variable Equity Trust | ||
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By: |
/s/ Xxxx Trust |
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Name: Xxxx Trust | ||
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Title: President & CEO | ||
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Date: 9/8/2020 | ||
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Xxxx Xxxxx Partners Variable Income Trust | ||
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By: |
/s/ Xxxx Trust |
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Name: Xxxx Trust | ||
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Title: President & CEO | ||
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Date: 9/8/2020 | ||
SCHEDULE B
PORTFOLIOS AVAILABLE UNDER THE CONTRACTS
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Fund Trust Name |
Portfolio Fund Name |
Class |
CUSIP |
Symbol |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Aggressive Growth Portfolio |
I |
00000X000 |
QLMGOX |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Aggressive Growth Portfolio |
II |
00000X000 |
QLMGTX |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Mid Cap Portfolio |
I |
00000X000 |
QLMMIX |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Mid Cap Portfolio |
II |
00000X000 |
QLMPTX |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Small Cap Growth Portfolio |
I |
00000X000 |
QLMSIX |
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Xxxx Xxxxx Partners Variable Equity Trust |
ClearBridge Variable Small Cap Growth Portfolio |
II |
00000X000 |
QLMSTX |
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Xxxx Xxxxx Partners Variable Income Trust |
Western Asset Variable Global High Yield Bond Portfolio |
I |
00000X000 |
QLMYIX |
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Xxxx Xxxxx Partners Variable Income Trust |
Western Asset Variable Global High Yield Bond Portfolio |
II |
00000X000 |
QLMYTX |
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Xxxx Xxxxx Partners Variable Income Trust |
Western Asset Core Plus VIT Portfolio |
I |
00000X000 |
QLMHIX |
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Xxxx Xxxxx Partners Variable Income Trust |
Western Asset Core Plus VIT Portfolio |
II |
00000X000 |
LVITX |
