0001193125-09-089934 Sample Contracts

AMENDED AND RESTATED AGREEMENT FOR SERVICES AND REIMBURSEMENT THEREFOR
Agreement for Services and Reimbursement • April 28th, 2009 • Guardian Separate Account K • New York

This Amended and Restated Agreement for Services and Reimbursement Therefor (the “Agreement”), effective as of December 31, 2007 (the “Effective Date”), is made on this 13th day of December 2007 (unless otherwise provided on the signature page hereof), by and between The Guardian Life Insurance Company of America, a New York a mutual insurance company having its home office at 7 Hanover Square, New York, New York 10004 (“GUARDIAN”) and each of the entities (and their respective branches, if any) (“SUBSIDIARY” or collectively “SUBSIDIARIES”) listed on Appendix A, as amended from time to time (GUARDIAN and each SUBSIDIARY each a “Party” and collectively the “Parties”).

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Exhibit (h)(ix) PARTICIPATION AGREEMENT AMONG RS VARIABLE PRODUCTS TRUST, RS INVESTMENT MANAGEMENT CO. LLC, GUARDIAN INVESTOR SERVICES LLC, AND THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • April 28th, 2009 • Guardian Separate Account K • New York

THIS PARTICIPATION AGREEMENT is made and entered into this 31st day of July, 2007, by and among RS VARIABLE PRODUCTS TRUST, a Massachusetts business trust (the “Trust”), RS INVESTMENT MANAGEMENT CO. LLC, a Delaware limited liability company (the “Adviser”), for purposes of Sections 2.5 and 5.1 only, GUARDIAN INVESTOR SERVICES LLC, a Delaware limited liability company (“GIS”), and 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”).

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