0000950123-10-086802 Sample Contracts

FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • September 17th, 2010 • Pacific Select Exec Separate Account of Pacific Life & Annui • New York

THIS FUND PARTICIPATION AGREEMENT (“Agreement”) made as of the day of , 2010, by and between Lord Abbett Series Fund, Inc. (the “Fund”) a Maryland Corporation, on its behalf and on behalf of each separate investment series thereof, whether existing as of the date above or established subsequent thereto, (each a “Portfolio”) and collectively, the “Portfolios”) Lord Abbett Distributor LLC, a New York limited liability company (the “Distributor”), and Pacific Life Insurance & Annuity Company (the “Company”), a life insurance company organized under the laws of the State of Arizona.

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SERVICE AGREEMENT
Service Agreement • September 17th, 2010 • Pacific Select Exec Separate Account of Pacific Life & Annui • New York

This will confirm the terms of our agreement (the “Service Agreement”) dated as of , 2010, by and between the Lord Abbett Series Fund, Inc. (the “Fund”), on its behalf and on behalf of each separate investment series thereof, whether existing as of the date above or established subsequent thereto, and Pacific Life Insurance & Annuity Company (the “Insurance Company”), implementing the terms and provisions of a service agreement with respect to shares of the Fund (the “Shares”).

AGREEMENT
Participation Agreement • September 17th, 2010 • Pacific Select Exec Separate Account of Pacific Life & Annui • New York

THIS AGREEMENT (“Agreement”) made as of June 1, 2010, is by and between ROYCE FUND SERVICES, INC., a New York corporation (“Distributor”) and Pacific Life & Annuity Company, a life insurance company organized under the laws of the State of Arizona (“PL&A”).

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