AMENDMENT TO
PARTICIPATION AGREEMENT
The Participation Agreement (the "Agreement"), dated May 1, 2000, as amended May
1, 2003 and April 30, 2004 by and among AIM Variable Insurance Funds, ("AVIF") a
Delaware Trust, A I M Distributors, Inc. ("AIM), a Delaware Corporation, SAFECO
Life Insurance Company ("Life Company"), a Washington life insurance company and
SAFECO Securities, Inc.("Underwriter"), is hereby amended as follows:
WHEREAS, effective September 1, 2004, the Life Company and Underwriter
changed their names from Safeco Life Insurance Company and Safeco Securities,
Inc. to Symetra Life Insurance Company and Symetra Securities, Inc.
respectively;
WHEREAS, effective July 15, 2005, Life Company and Underwriter will have a
new address;
WHEREAS, the Life Company desires to gather performance and fund data using
a third party;
WHEREAS, the Life Company, Underwriter, AVIF and AIM wish to supplement the
Agreement as provided herein;
NOW, THEREFORE, in consideration of the mutual promises set forth herein,
the parties hereto agree as follows:
1. All references to Life Company and Underwriter shall mean Symetra Life
Insurance Company and Symetra Securities, Inc. respectively.
2. Effective July 15, 2005, All Notices made pursuant to Section 9. Notices
shall be made to the following addresses:
Symetra Life Insurance Company
000 000xx Xxx XX
Xxxxxxxx, XX 00000
Symetra Securities, Inc.
000 000xx Xxx XX
Xxxxxxxx, XX 00000
3. Performance and Fund Data. The Life Company may utilize Morningstar,
Inc., or other comparable third party investment company analyst, to gather
quarterly performance and fund data used in sales literature or other
promotional material rather than obtaining such information from AVIF and AIM.
Life Company will not obtain the approval of AVIF and AIM to verify the
performance and fund data prior to its use. Fund names and additional disclosure
will still be provided to AVIF and AIM for review. If Life Company desires to
change the third party providing this service, Life Company will receive written
authorization from AVIF and AIM before making such change.
4. Ratification and Confirmation of Agreement. In the event of a conflict
between the terms of this Amendment and the Agreement, it is the intention of
the parties that the terms of this Amendment shall control and the Agreement
shall be interpreted on that basis. To the extent the provisions of the
Agreement have not been amended by this Amendment, the parties hereby confirm
and ratify the Agreement.
5. Counterparts. This Amendment may be executed in two or more
counterparts, each of which shall be an original and all of which together shall
constitute one instrument.
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6. Full Force and Effect. Except as expressly supplemented, amended or
consented to hereby, all of the representations, warranties, terms, covenants
and conditions of the Agreement shall remain unamended and shall continue to be
in full force and effect.
All other terms and provisions of the Agreement not amended herein shall remain
in full force and effect.
Effective: July 15, 2005
AIM VARIABLE INSURANCE FUNDS
Attest: /s/ Xxx Xxxxxxxx By: /s/ Xxxxxx X. Xxxxxx
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Name: Xxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxx
Title: Assistant Secretary Title: President
A I M DISTRIBUTORS, INC.
Attest: /s/ P. Xxxxxxxx Xxxxx By: /s/ Xxxx X. Needles
----------------------------- ------------------------------------
Name: P. Xxxxxxxx Xxxxx Name: Xxxx X. Needles
Title: Assistant Secretary Title: President
SYMETRA LIFE INSURANCE COMPANY
Attest: /s/ Xxxxxxx Xxxxxxxxxxx By: /s/ Xxxxx X. Xxxxxxxxxxxx
----------------------------- ------------------------------------
Name: Name:
------------------------------- ----------------------------------
Title: Title:
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SYMETRA SECURITIES, INC.
Attest: /s/ Xxxxxxx Xxxxxxxxxxx By: /s/ Xxxxx X. Xxxxxxxxxxxx
----------------------------- ------------------------------------
Name: Name:
------------------------------- ----------------------------------
Title: Title:
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