Amendment No. 1 to the Distribution and Services Agreement
Exhibit 99.8(KK)
Amendment No. 1
to the Distribution and Services Agreement
AMENDMENT, dated as of January 31, 2007, to the Distribution and Services Agreement (the “Agreement”) dated as of May 18, 2004, by and between PFPC Distributors, Inc. (as assigned to DWS Xxxxxxx Distributors, Inc. (formerly Xxxxxxx Distributors, Inc.) (“Distributor”)) and National Integrity Life Insurance Company (“Service Organization”).
WHEREAS, the Agreement was assigned, upon requisite notice to Service Organization, by PFPC Distributors, Inc. to Distributor in 2005;
WHEREAS, effective January 1, 2006, Service Organization moved its executive and administrative offices;
WHEREAS, as of February 6, 2006, Distributor and Funds (as defined in the Agreement) were rebranded “DWS” and underwent name changes; and
WHEREAS, Appendix C to the Agreement requires updating to reflect a current and complete list of Funds by deleting the EAFE Equity Index Fund that closed in July 2005;
NOW, THEREFORE, in accordance with Section 13 of the Agreement, Distributor and Service Organization hereby agree as follows:
1. The parties consent to the assignment of the Agreement to Distributor. Accordingly, the parties agree that all legal duties, rights and responsibilities of the Agreement are hereby assigned to Distributor effective as of 2005.
2. The parties agree that all references to Distributor shall mean “DWS Xxxxxxx Distributors, Inc.” and that all references to “Deutsche Asset Management VIT Funds” shall mean “DWS Investments VIT Funds.”
3. Section 14 “Notices” is hereby amended such that the address for Distributor is replaced in its entirety with the following: “DWS Xxxxxxx Distributors, Inc., 000 Xxxxx Xxxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, with a copy to: Deutsche Asset Management, 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Legal Department (Retail Division)”; and the address for the Service Organization is replaced in its entirety with the following: “National Integrity Life Insurance Company, 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxx, 00000, Attention: Xxxxx X. Xxxxxx, General Counsel.”
4. Schedule C to the Agreement is hereby amended, and restated in its entirety, by the Schedule C attached to this Amendment.
Except as expressly set forth above, all other terms and provisions of the Agreement (as assigned to Distributor) 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.
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DWS XXXXXXX DISTRIBUTORS, INC. | |
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By: |
/s/Xxxxxxx Xxxxxxx |
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Name: |
Xxxxxxx Xxxxxxx |
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Title: |
Chairman & CEO |
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NATIONAL INTEGRITY LIFE INSURANCE COMPANY | |
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By: |
/s/Xxxxx X. Xxxxxx |
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Name: |
Xxxxx X. Xxxxxx |
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Title: |
SVP and General Counsel |
