0001193125-08-184460 Sample Contracts

PARTICIPATION AGREEMENT
Participation Agreement • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AGREEMENT is made this 18th day of August, 2000, by and among The Alger American Fund (the “Trust”), an open-end management investment company organized as a Massachusetts business trust, The Guardian Insurance & Annuity Company, Inc., a life insurance company organized as a corporation 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 in Schedule A, as may be amended from time to time (the “Accounts”), and Fred Alger & Company, Incorporated, a Delaware corporation, the Trust’s distributor (the “Distributor”).

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THE GUARDIAN INSURANCE & ANNUITY COMPANY SELLING AGREEMENT
Selling Agreement • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

This Agreement is entered into by and among The Guardian Insurance & Annuity Company, Inc. (“GIAC”), a Delaware corporation, Guardian Investor Services LLC (“GIS”), a registered broker-dealer with the Securities and Exchange Commission (“SEC”) under the Securities Exchange Act of 1934, a member in good standing of the Financial Industry Regulatory Authority, Inc. (“FINRA”), and (the “Firm”).

FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Delaware

THIS AGREEMENT, made and entered into this 20TH day of AUGUST, 2004 (the “Agreement”), by and among The Guardian Insurance & Annuity Company, Inc., organized under the laws of the State of Delaware (the “Company”), on behalf of itself and each separate account of the Company named in Schedule A to this Agreement, as may be amended from time to time (each such separate account being hereinafter referred to as a “Separate Account” and, collectively, as the “Separate Accounts”); Delaware VIP Trust, an open-end management investment company organized as a statutory trust under the laws of the State of Delaware (the “Trust”), Delaware Management Company, a series of Delaware Management Business Trust, a statutory trust organized under the laws of the State of Delaware and investment adviser to the Trust (the “Adviser”); and Delaware Distributors, L.P., a limited partnership organized under the laws of the State of Delaware and principal underwriter/distributor of the Trust (the “Distributor

AMENDMENT TO FUND PARTICIPATION AGREEMENT (Service Shares)
Fund Participation Agreement • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

This Amendment to the Fund Participation Agreement (“Agreement”) dated September 15, 2000, among Janus Aspen Series, an open-end management investment company organized as a Delaware statutory trust (the “Trust”), Janus Distributors LLC (“Distributor”), a Colorado corporation and Distributor of the Trust’s shares, and The Guardian Insurance & Annuity Company, Inc., a Delaware life insurance company (the “Company”) is effective as of September 1, 2008.

THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. BROKERAGE AGREEMENT
Brokerage Agreement • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
AMENDMENT NO. 6 PARTICIPATION AGREEMENT
Participation Agreement • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

The Participation Agreement (the “Agreement”), dated as of February 2, 1998, by and among AIM Variable Insurance Funds, a Delaware trust (“AVIF”), A I M Distributors, Inc., a Delaware corporation (“AIM”), The Guardian Insurance and Annuity Company, a Delaware life insurance company (“Guardian”) and Guardian Investor Services LLC, a New York corporation, is hereby amended as follows:

THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. SPECIAL AGREEMENT OF AGENCY
Special Agreement of Agency • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
JANUS ASPEN SERIES FUND PARTICIPATION AGREEMENT (Service Shares)
Fund Participation Agreement • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Delaware

THIS AGREEMENT is made this 15th day of September, 2000, 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”).

THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. MEMORANDUM OF AGREEMENT
Memorandum of Agreement • August 26th, 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 (“AGENT”).

AMENDMENT TO FUND PARTICIPATION AGREEMENT BETWEEN DELAWARE VIP TRUST, DELAWARE MANAGEMENT COMPANY, DELAWARE DISTRIBUTORS, L.P. AND THE GUARDIAN INSURANCE & ANNUITY COMPANY
Fund Participation Agreement • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

This Amendment is made this 23rd day of JULY, 2008, by and between Delaware VIP Trust (the “Trust”), Delaware Management Company, a series of Delaware Management Business Trust (the “Adviser”), Delaware Distributors, L.P. (the “Distributor”) and The Guardian Insurance & Annuity Company (the “Company”).

FIRST AMENDMENT TO PARTICIPATION AGREEMENT Among FRED ALGER & COMPANY, INCORPORATED, THE ALGER AMERICAN FUND And GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

THIS AMENDMENT is made and entered into as of the 21st day of June, 2007 between Guardian Insurance & Annuity Company, Inc. (“Company”), and Fred Alger & Company, Inc. (“Underwriter”), a Delaware corporation, and The Alger American Fund, a Massachusetts business trust (the “Fund”).

AMENDMENT TO FUND PARTICIPATION AGREEMENT (Service Shares)
Fund Participation Agreement • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co

This Amendment to the Fund Participation Agreement (“Agreement”) dated September 15, 2000, among 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 Delaware life insurance company (the “Company”) is effective as of December 1, 2000.

THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. AGREEMENT OF GENERAL AGENCY
Agreement of General Agency • August 26th, 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”).

AMENDMENT
Amendment • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York

THIS AMENDMENT (this “Amendment”) to the Agreement (as defined below) is entered into as of August 14, 2008, by and between RS VARIABLE PRODUCTS TRUST, RS INVESTMENT MANAGEMENT CO. LLC, GUARDIAN INVESTOR SERVICES LLC, and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.

THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. AGREEMENT OF AGENCY
Agreement of Agency • August 26th, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. FIELD REPRESENTATIVE AGREEMENT
Field Representative Agreement • August 26th, 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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