0000950123-10-086804 Sample Contracts

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

THIS AGREEMENT, made and entered into as of the 1st day of June, 2010 by and among Pacific Life & Annuity Company (hereinafter the “Company”), a life insurance company organized under the laws of Arizona, on its own behalf and on behalf of each separate account of the Company set forth on Schedule B hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”), and ROYCE CAPITAL FUND (hereinafter the “Fund”), a Delaware business trust, and ROYCE FUND SERVICES, INC., a New York corporation (the “Distributor”).

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