0001193125-08-008597 Sample Contracts

PARTICIPATION AGREEMENT Among VARIABLE INSURANCE PRODUCTS FUND FIDELITY DISTRIBUTORS CORPORATION and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Massachusetts

THIS AGREEMENT, made and entered into as of the 1st day of December, 1997 by and among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., (hereinafter the “Company”), a Delaware corporation, 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 (each such account hereinafter referred to as the “Account”), and the VARIABLE INSURANCE PRODUCTS FUND, an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (hereinafter the “Fund”) and FIDELITY DISTRIBUTORS CORPORATION (hereinafter the “Underwriter”), a Massachusetts corporation.

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PARTICIPATION AGREEMENT AMONG THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., GUARDIAN INVESTOR SERVICES LLC, ALLIANCE CAPITAL MANAGEMENT L.P. AND ALLIANCE FUND DISTRIBUTORS, INC. DATED AS OF May 1, 2002
Participation Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT, made and entered into as of the 1st day of May, 2002 (“Agreement”), by and among The Guardian Insurance & Annuity Company, Inc., a Delaware life insurance company (“Insurer”) (on behalf of itself and its “Separate Account,” defined below); Guardian Investor Services LLC, a Delaware limited liability corporation (“Contracts Distributor”), the principal underwriter with respect to the Contracts referred to below; Alliance Capital Management L.P., a Delaware limited partnership (“Adviser”), the investment adviser of the Fund referred to below; and Alliance Fund Distributors, Inc., a Delaware corporation (“Distributor”), the Fund’s principal underwriter (collectively, the “Parties”),

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PARTICIPATION AGREEMENT Among DAVIS VARIABLE ACCOUNT FUND, INC. DAVIS DISTRIBUTORS, LLC. and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Maryland

THIS AGREEMENT, made and entered into this 29th day of June, 1999, by and among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (hereinafter the “Insurance Company”), a Delaware corporation, on its own behalf and on behalf of each segregated asset account of the Insurance Company set forth on Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”), DAVIS VARIABLE ACCOUNT FUND, INC., a Maryland Corporation (the “Company”) and Davis Distributors, LLC., a Colorado Limited Liability Company (“Davis Distributors”).

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PARTICIPATION AGREEMENT Among VALUE LINE CENTURION FUND, INC. VALUE LINE STRATEGIC ASSET MANAGEMENT TRUST VALUE LINE SECURITIES, INC. VALUE LINE, INC. and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT, made and entered into as of the day of , 2003 by and among The Guardian Insurance & Annuity Company, Inc. (hereinafter the “Company”), a Delaware corporation, on its own behalf and on behalf of each separate account of the Company set forth on Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”), and Value Line Centurion Fund, Inc., a Maryland corporation, Value Line Strategic Asset Management Trust, a Massachusetts business trust, (hereinafter the “Fund” or “Funds”), Value Line Securities, Inc. a New York corporation (hereinafter the “Underwriter”), and Value Line, Inc., a New York corporation (hereinafter the “Adviser”).

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REINSURANCE AGREEMENT NUMBER 3002 Between The Guardian Insurance & Annuity Company, Inc. Wilmington, Delaware and The Guardian Life Insurance Company of America New York, New York
Reinsurance Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

This is an agreement between The Guardian Insurance & Annuity Company, Inc., a corporation organized under the laws of the State of Delaware, hereafter referred to as the “ceding company” and The Guardian Life Insurance Company of America, a corporation organized under the laws of the State of New York, hereafter referred to as The Guardian.

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THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. FIELD REPRESENTATIVE AGREEMENT
Field Representative Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

Agreement made this day of , 20 by and between The Guardian Insurance & Annuity Company, Inc. (“GIAC”), a Delaware corporation and a wholly-owned subsidiary of The Guardian Life Insurance Company of America (“Guardian Life”), having its principal office located at 7 Hanover Square, New York, New York, 10004 and (“Field Representative”).

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THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. AGREEMENT OF AGENCY
Agreement of Agency • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
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PARTICIPATION AGREEMENT
Participation Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Delaware

THIS AGREEMENT is hereby entered into this 1st day of May 1995 by and among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (“GIAC”), a Delaware life insurance company, for itself and on behalf of certain of its separate accounts set forth on Schedule A hereto, as such Schedule may be amended from time to time (the “Separate Accounts”); GUARDIAN INVESTOR SERVICES CORPORATION (“GISC”), a New York corporation; GABELLI CAPITAL SERIES FUNDS, INC. (“GCSF”), a Maryland corporation, for itself and on behalf of its series fund, GABELLI CAPITAL ASSET FUND (the “Fund”); GABELLI FUNDS, INC. (“GFI”), a New York corporation; and GABELLI & COMPANY, INC. (“G&C”) a New York corporation.

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REINSURANCE AGREEMENT NUMBER 3001 Between The Guardian Insurance & Annuity Company, Inc. Wilmington, Delaware and The Guardian Life Insurance Company of America New York, New York
Reinsurance Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

This is an agreement between The Guardian Insurance & Annuity Company, Inc., a corporation organized under the laws of the State of Delaware, hereafter referred to as the “ceding company” and The Guardian Life Insurance Company of America, a corporation organized under the laws of the State of New York, hereafter referred to as The Guardian.

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THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. BROKERAGE AGREEMENT
Brokerage Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
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AMENDED AND RESTATED AGREEMENT FOR SERVICES AND REIMBURSEMENT THEREFOR
Agreement for Services and Reimbursement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

This Agreement, dated the 18th of November, 1994, amends and restates the Agreement for Services and Reimbursement Therefor, dated June 22, 1970, between THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a New York Corporation having its principal place of business at 201 Park Avenue South, New York, New York 10003 (hereinafter called “GUARDIAN”) and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., a Delaware Corporation having its principal place of business at 201 Park Avenue South, New York, New York 10003 (hereinafter called “THE SUBSIDIARY”).

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THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. AGREEMENT OF GENERAL AGENCY
Agreement of General Agency • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

Agreement made this day of , 20 by and between The Guardian Insurance & Annuity Company, Inc. (“GIAC”), a Delaware corporation and a wholly-owned subsidiary of The Guardian Life Insurance Company of America (“Guardian Life”), having its Principal office located at 7 Hanover Square, New York, New York, 10004 and (“Principal”).

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PARTICIPATION AGREEMENT BY AND AMONG AIM VARIABLE INSURANCE FUNDS, INC., A I M DISTRIBUTORS, INC., THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., ON BEHALF OF ITSELF AND ITS SEPARATE ACCOUNTS, AND GUARDIAN INVESTOR SERVICES CORPORATION
Participation Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Maryland

THIS AGREEMENT, made and entered into as of the 2nd day of February, 1998 (“Agreement”), by and among AIM Variable Insurance Funds, Inc., a Maryland corporation (“AVIF”); A I M Distributors, Inc., a Delaware corporation (“AIM”); The Guardian Insurance & Annuity Company, Inc., a Delaware life insurance company (“Guardian”), on behalf of itself and each of its segregated asset accounts listed in Schedule A hereto, as the parties hereto may amend from time to time (each, an “Account,” and collectively, the “Accounts”); and Guardian Investor Services Corporation, A New York corporation (“GISC”), an affiliate of Guardian and the principal underwriter of the Contracts (collectively, the “Parties”).

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AMENDED AND RESTATED PARTICIPATION AGREEMENT AMONG MFS VARIABLE INSURANCE TRUST, THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. AND MASSACHUSETTS FINANCIAL SERVICES COMPANY
Participation Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Massachusetts

THIS AMENDED AND RESTATED PARTICIPATION AGREEMENT, made and entered into this 1st day of May 2000, by and among MFS VARIABLE INSURANCE TRUST, a Massachusetts business trust (the “Trust”), THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., a Delaware corporation (the “Company”) on its own behalf and on behalf of each of the segregated asset accounts of the Company set forth in Schedule A hereto, as may be amended from time to time (the “Accounts”), and MASSACHUSETTS FINANCIAL SERVICES COMPANY, a Delaware corporation (“MFS”).

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JANUS ASPEN SERIES FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Delaware

THIS AGREEMENT is made this 30th day of June, 1999, between JANUS ASPEN SERIES, an open-end management investment company organized as a Delaware business trust (the “Trust”), Janus Distributors, Inc. (“Distributor”), a Colorado corporation and distributor of the Trust’s shares, and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., a life insurance company organized under the laws of the State of Delaware (the “Company”), on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A, as may be amended from time to time (the “Accounts”).

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Exhibit (h) (ix) Participation Agreement RS Variable Products Trust To be filed by amendment
Participation Agreement • January 18th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
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