Exhibit (h)(ix) PARTICIPATION AGREEMENT AMONG RS VARIABLE PRODUCTS TRUST, RS INVESTMENT MANAGEMENT CO. LLC, GUARDIAN INVESTOR SERVICES LLC, AND THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.Participation Agreement • April 28th, 2009 • Guardian Separate Account K • New York
Contract Type FiledApril 28th, 2009 Company JurisdictionTHIS PARTICIPATION AGREEMENT is made and entered into this 31st day of July, 2007, by and among RS VARIABLE PRODUCTS TRUST, a Massachusetts business trust (the “Trust”), RS INVESTMENT MANAGEMENT CO. LLC, a Delaware limited liability company (the “Adviser”), for purposes of Sections 2.5 and 5.1 only, GUARDIAN INVESTOR SERVICES LLC, a Delaware limited liability company (“GIS”), and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., a Delaware corporation (the “Company”) on its own behalf and on behalf of each of the segregated asset accounts of the Company set forth in Schedule A hereto, as may be amended from time to time (the “Accounts”).
Exhibit (h)(ix) PARTICIPATION AGREEMENT AMONG RS VARIABLE PRODUCTS TRUST, RS INVESTMENT MANAGEMENT CO. LLC, GUARDIAN INVESTOR SERVICES LLC, AND THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.Participation Agreement • April 28th, 2009 • Guardian Separate Account K • New York
Contract Type FiledApril 28th, 2009 Company JurisdictionTHIS PARTICIPATION AGREEMENT is made and entered into this 31st day of July, 2007, by and among RS VARIABLE PRODUCTS TRUST, a Massachusetts business trust (the “Trust”), RS INVESTMENT MANAGEMENT CO. LLC, a Delaware limited liability company (the “Adviser”), for purposes of Sections 2.5 and 5.1 only, GUARDIAN INVESTOR SERVICES LLC, a Delaware limited liability company (“GIS”), and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., a Delaware corporation (the “Company”) on its own behalf and on behalf of each of the segregated asset accounts of the Company set forth in Schedule A hereto, as may be amended from time to time (the “Accounts”).