0001190903-08-000158 Sample Contracts

Fund Participation Agreement
Fund Participation Agreement • April 22nd, 2008 • Nationwide Variable Account Ii • Delaware

This Fund Participation Agreement (“Agreement”), dated as of the 3rd day of January, 2000 is made by and among Nationwide Life Insurance Company and/or Nationwide Life and Annuity Insurance Company (separately and collectively “Nationwide”) and the Nationwide separate account(s) identified on Exhibit A which is attached hereto and may be amended from time to time, and Credit Suisse Asset Management, LLC (“Adviser”), and Provident Distributors, Inc., which serve respectively as adviser and distributor for the mutual funds (the “Funds”) listed on Exhibit A. The Funds, Credit Suisse Asset Management, LLC, and Provident Distributors, Inc., are collectively referred to throughout this Agreement as “Fund Party.”

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