SECOND AMENDMENT TO PARTICIPATION AGREEMENT
IDS Life Insurance Company of New York, Variable Insurance Products Fund III and
Fidelity Distributors Corporation hereby amend the Participation Agreement
("Agreement") dated September 1, 1999, as amended, as follows:
1. Section 12.2 is hereby deleted in its entirety and replaced with the
following:
"12.2. Subject to the requirements of legal process and regulatory
authority, each party hereto shall treat as confidential the names and addresses
of the owners of the Contracts and all information reasonably identified as
confidential in writing by any other party hereto and, except as permitted by
this Agreement, shall not disclose, disseminate or utilize such names and
addresses and other confidential information until such time as it may come into
the public domain without the express written consent of the affected party.
In addition, each Fund and the Underwriter shall not, directly or
indirectly, disclose or use any nonpublic personal information regarding the
consumers or customers of the Company (as defined in Rule 3(g) and 3(j),
respectively, of Regulation S-P of the Securities and Exchange Commission)
("Confidential information"), other than to carry out the functions contemplated
by this Agreement. The foregoing obligation of confidentiality shall not extend
to any portion of the Confidential Information that is, or becomes, generally
available to the general public from: (a) federal, State or local governmental
records, (b) widely distributed media, or (c) disclosures to the general public
that are required to be made by federal, State or local law"
IN WITNESS WHEREOF, the parties have hereto affixed their respective authorized
signatures, intending that this Amendment be effective as of the 29th day of
June, 2001.
IDS LIFE INSURANCE COMPANY OF NEW YORK
By: /s/ Xxxxxxx X. Xxxxxxxx
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Name: Xxxxxxx X. Xxxxxxxx
Title: President
VARIABLE INSURANCE PRODUCTS FUND III
By: /s/ Xxxxxx Xxxxxx
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Xxxxxx Xxxxxx
Treasurer
FIDELITY DISTRIBUTORS CORPORATION
By: /s/ Xxxx Xxxxxxx
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Xxxx Xxxxxxx
Executive Vice President
