0001190903-08-000106 Sample Contracts

FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 16th, 2008 • Nationwide Variable Account Ii • New York

This AGREEMENT is made on this 1st day of June, 2002, by and among Nationwide Life Insurance Company and Nationwide Life and Annuity Insurance Company (collectively, the “Insurer”), stock life insurance companies domiciled in Ohio, on their behalf and on behalf of the separate accounts of the Insurer listed on Exhibit A to this Agreement (the “Separate Accounts”); the variable annuity portfolios of Vision Group of Funds (the “Fund” or “Funds”), a Delaware business trust; M&T Asset management, a department of Manufacturers and Traders Trust Company (the “Adviser”); and Federated Securities Corp. (the “Distributor”), a Pennsylvania corporation.

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