0001144204-11-024781 Sample Contracts

SUBADVISORY AGREEMENT
Subadvisory Agreement • April 29th, 2011 • Mainstay Vp Series Fund Inc • New York

This Subadvisory Agreement, made as of the 29th day of April, 2011 (the “Agreement”), between New York Life Investment Management LLC, a Delaware limited liability company (the “Manager”) and Institutional Capital LLC, a Delaware limited liability company (the “Subadvisor”).

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THE MAINSTAY FUNDS, ECLISPE FUNDS, MAINSTAY FUNDS TRUST MAINSTAY VP FUNDS TRUST AMENDED AND RESTATED SUBADVISORY AGREEMENT
Subadvisory Agreement • April 29th, 2011 • Mainstay Vp Series Fund Inc • New York

This Amended and Restated Subadvisory Agreement, made as of the 29th day of April, 2011 (the “Agreement”), between New York Life Investment Management LLC, a Delaware limited liability company (the “Manager”) and Epoch Investment Partners, Inc., a Delaware corporation (the “Subadvisor”).

DISTRIBUTION AND SERVICE AGREEMENT FOR SERVICE CLASS SHARES
Distribution and Service Agreement • April 29th, 2011 • Mainstay Vp Series Fund Inc • New York

This Agreement is made as of April 29, 2011, between MainStay VP Funds Trust, a Deleware statutory trust (the “Trust”), and NYLIFE Distributors LLC, a Delaware limited liability company (the “Distributor”).

First Amendment to Amended and Restated Master Delegation Agreement
Master Delegation Agreement • April 29th, 2011 • Mainstay Vp Series Fund Inc

This First Amendment to Amended and Restated Master Delegation Agreement (the “Amendment”) is made and entered into as of April 29, 2011 by and among each registered investment company identified on the signature page hereto (each such registered investment company shall hereinafter be referred to as a “Fund” and collectively the “Funds”), and, and State Street Bank and Trust Company, a Massachusetts trust company (the “Delegate”).

First Amendment to Amended and Restated Master Custodian Agreement
Master Custodian Agreement • April 29th, 2011 • Mainstay Vp Series Fund Inc

This First Amendment to Amended and Restated Master Custodian Agreement (the “Amendment”) is made and entered into as of April 29, 2011 by and among each registered investment company identified on the signature page hereto (each such registered investment company shall hereinafter be referred to as a “Fund” and collectively the “Funds”), and, and State Street Bank and Trust Company, a Massachusetts trust company (the “Bank”).

AMENDED AND RESTATED FUND PARTICIPATION AGREEMENT BETWEEN AND AMONG NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION AND MAINSTAY VP SERIES FUND, INC. AND NEW YORK LIFE INVESTMENT MANAGEMENT LLC
Fund Participation Agreement • April 29th, 2011 • Mainstay Vp Series Fund Inc • New York

THIS AGREEMENT made as of the 30th day of June 2010 (the “Agreement”), between and among NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION (“COMPANY”), a life insurance company organized under the laws of the State of Delaware, on its own behalf and on behalf of each segregated asset account of the COMPANY set forth on Schedule A hereto, as may be amended from time to time (the accounts hereinafter referred to as the “Separate Accounts”), and MAINSTAY VP SERIES FUND, INC. (“FUND”), a Maryland Corporation, and NEW YORK LIFE INVESTMENT MANAGEMENT LLC (“ADVISER”), a Delaware limited liability company (each a “Party,” and collectively, the “Parties”).

MAINSTAY VP FUNDS TRUST MANAGEMENT AGREEMENT
Management Agreement • April 29th, 2011 • Mainstay Vp Series Fund Inc • New York

This Management Agreement is hereby made as of the 29th day of April, 2011 (the “Agreement”) between MainStay VP Funds Trust, a Delaware statutory trust (the “Trust”), on behalf of its series as set forth on Schedule A (each, a “Portfolio,” and collectively, the “Portfolios”) and New York Life Investment Management LLC, a Delaware limited liability company (“NYLIM” or the “Manager”).

ASSIGNMENT AND AMENDMENT TO THE AMENDED AND RESTATED FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 29th, 2011 • Mainstay Vp Series Fund Inc

This Assignment and Amendment to the Amended and Restated Fund Participation Agreement is made as of April 29, 2011, by and among MainStay VP Funds Trust (“Trust”), a Delaware statutory trust, MainStay VP Series Fund, Inc. (“Fund”), a Maryland corporation, New York Life Investment Management LLC (“Adviser”), a Delaware limited liability company and New York Life Insurance and Annuity Corporation, a life insurance Company organized under the laws of the State of Delaware (“Company”) (each a “Party” and collectively, “Parties”).

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