AMENDMENT
to the
FUND PARTICIPATION AGREEMENT
AMENDMENT, dated as of January 18, 2001, to the Participation Agreement
dated as of January 1, 1999, as amended (the "Agreement"), by and among
Western-Southern Life Assurance Company ("Western-Southern"), and Touchstone
Variable Series Trust (the "Trust").
WHEREAS, Western-Southern and the Trust wish to revise Section 3.1 of the
Agreement;
NOW, THEREFORE, Western-Southern and the Trust hereby agree as follows:
Section 3.1 of the Agreement is hereby amended, and restated in its
entirety, as follows:
3.1 The Trust will cause Investors Bank and Trust Company, the
administrative services and fund accounting agent for the Trust
("IBT"), or any other person acting in a similar role, to provide to
Western-Southern, promptly following the close of trading (the
"Close") on each Business Day (as defined in 3.4, below), (x) the net
asset value per share for each Fund as of the Close on that Business
Day, (y) the per share amount of any dividend or capital gain
distribution made by a Fund in respect of the shares held by the
related Sub-Account, if the "ex-dividend" date for such dividend or
distribution has occurred since the Close of the preceding Business
Day, and (z) based on these net asset values and dividends and
distributions, the Accumulation Unit Value (as such term is defined in
the Western-Southern Registration Statement) to be used in determining
values in each Sub-Account. If the Trust provides Western-Southern
with materially incorrect share net asset value information, the Trust
shall make, or shall cause IBT to make, an adjustment to the number of
shares purchased or redeemed for the Separate Account to reflect the
correct net asset value per share. Any material error in the
calculation or reporting of net asset value per share, Accumulation
Unit Values, or dividend or capital gains information shall be
reported promptly upon discovery to Western-Southern.
Except as expressly set forth above, all other terms and provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused their duly authorized officers
to execute this Amendment as of the date and year first above written.
TOUCHSTONE VARIABLE WESTERN-SOUTHERN LIFE
SERIES TRUST ASSURANCE COMPANY
By:__________________________ By:___________________________
Name: Xxxx X. XxXxxxxx Name: Xxxxxxx X. Xxxxxx
Title: President Title: Senior Vice President
