0001193125-12-182242 Sample Contracts

Participation Agreement (Fidelity VIP II and VIP V)
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY • Massachusetts

THIS AGREEMENT, made and entered into as of the 31st day of August, 2000 by and among AUSA LIFE INSURANCE COMPANY, INC. (hereinafter the “Company”), a New York 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 II, 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 (Federated)
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY • Pennsylvania

Assume that the total fund expense is 100 basis points. Of such 100 basis points, Federated retains 40 basis points and pays out 60 basis points to clients. As a result, the pro-rata ratio is 40/60. With respect to a particular month’s waiver, if the waiver was 10 basis points, then the 40/60 split would be applied such that Federated’s share of the waiver would be 4 basis points and the clients (in total) would realize a 6 basis point waiver for that month. This calculation is done by considering the total amount retained by Federated and the total amount paid to all clients; the calculation is not done on a client by client basis.

Participation Agreement between TLIC, TFLIC, Monumental, TOLIC and Columbia
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY • Massachusetts

THIS PARTICIPATION AGREEMENT (“Agreement”), made and entered into as of this 1ST day of May, 2007, between Transamerica Life Insurance Company, a life insurance company organized under the laws of the State of Iowa; Transamerica Financial Life Insurance Company, a New York life insurance company; Peoples Benefit Life Insurance Company, an Iowa stock life insurance company, Transamerica Occidental Life Insurance Company, a life insurance company organized under the laws of the State of Iowa (each as the “Insurance Company”), on its own behalf and on behalf of its separate accounts (the “Accounts”); and Columbia Funds VARIABLE INSURANCE TRUST, an open-end management investment company organized under the laws of the State of Massachusetts (the “Fund”), COLUMBIA MANAGEMENT ADVISORS, LLC (the “Adviser”), a Delaware limited liability corporation, and COLUMBIA MANAGEMENT DISTRIBUTORS, INC. (the “Distributor”), a Massachusetts corporation.

Summary Prospectus Agreement (Fidelity)
Summary Prospectus Agreement • April 25th, 2012 • TFLIC Separate Account VNY

This Summary Prospectus Agreement between Fidelity Distributors Corporation (the “Underwriter”) and Transamerica Financial Life Insurance Company (“Insurance Company”), is effective this 1st day of May, 2011.

AMENDMENT NO. 8 TO PARTICIPATION AGREEMENT
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Transamerica Financial Life Insurance Company (formerly, AUSA Life Insurance Company, Inc.), Variable Insurance Products Fund, Variable Insurance Products Fund V, and Fidelity Distributors Corporation hereby amend the Participation Agreement (“Agreement”) dated August 31, 2000 by doing the following:

AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT AMONG NATIONWIDE VARIABLE INSURANCE TRUST, NATIONWIDE FUND DISTRIBUTORS, LLC, AND TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

The Participation Agreement, dated May 1, 2005 (the “Agreement”) among Transamerica Financial Life Insurance Company (the “Company”), Nationwide Variable Insurance Trust (formerly, Gartmore Variable Insurance Trust) (the “Trust”), and Nationwide Fund Distributors LLC (formerly, Gartmore Distribution Services, Inc.) is hereby amended as follows:

AMENDMENT NO. 11 TO THE FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

This Amendment is to the Fund Participation Agreement dated May 1, 2001, as amended, (“Agreement”) between Transamerica Life Insurance Company, Monumental Life Insurance Company, Transamerica Financial Life Insurance Company, life insurance companies organized under the laws of the State of New York (each, “Insurance Company”), on behalf of themselves and on behalf of the Separate Accounts listed on Exhibit A of the Agreement, Dreyfus Variable Investment Fund, Dreyfus Investment Portfolios, The Dreyfus Socially Responsible Growth Fund, Inc. and the Dreyfus Stock Index Fund, Inc. (each as the “Fund”) (the “Agreement”). All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to such term in the Agreement.

AMENDMENT OF AGREEMENTS
Amendment to the Agreements (Columbia Funds) • April 25th, 2012 • TFLIC Separate Account VNY

This amendment (the Amendment) to the agreements (individually, the “Agreement, collectively, the “Agreements) identified in Attachment A, attached hereto, is effective as of March 1st 2012.

AMENDMENT NO. 6 TO PARTICIPATION AGREEMENT
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Transamerica Financial Life Insurance Company (formerly, AUSA Life Insurance Company, Inc.), Variable Insurance Products Fund II and Fidelity Distributors Corporation hereby amend the Participation Agreement (“Agreement”) dated August 31, 2000, by doing the following:

Amendment No. 3 to Participation Agreement (Columbia Funds)
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Amendment No. 3 dated as of July 1, 2010 to the Participation Agreement (the “Agreement”), dated as of May 1, 2007, between TRANSAMERICA LIFE INSURANCE COMPANY; TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY; MONUMENTAL LIFE INSURANCE COMPANY (each as the “Insurance Company”), on its own behalf and on behalf of its separate accounts; COLUMBIA FUNDS VARIABLE INSURANCE TRUST (the “Fund”); COLUMBIA MANAGEMENT INVESTMENT ADVISERS, LLC (formerly known as RiverSource Investments, LLC), (the “Adviser”), as assignee of Columbia Management Advisors, LLC; and COLUMBIA MANAGEMENT INVESTMENT DISTRIBUTORS, INC. (formerly known as RiverSource Fund Distributors, Inc.) (the “Distributor”), as assignee of Columbia Management Distributors, Inc.

AMENDMENT NO. 5 TO PARTICIPATION AGREEMENT
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Transamerica Financial Life Insurance Company (formerly, AUSA Life Insurance Company, Inc.), Variable Insurance Products Fund, and Fidelity Distributors Corporation hereby amend the Participation Agreement ("Agreement") dated August 31, 2000 by doing the following:

AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Amendment No. 2 dated as of May 1, 2011 to the Participation Agreement, dated May 1, 2004, as amended, by and among TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY, WANGER ADVISORS TRUST, and COLUMBIA MANAGEMENT INVESTMENT DISTIBUTORS, INC. (formerly named RIVERSOURCE FUND DISTRIBUTORS, INC.) (assignee of COLUMBIA FUNDS DISTRIBUTOR, INC.) (the “Agreement”).

AMENDMENT NO. 7 TO PARTICIPATION AGREEMENT
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Transamerica Financial Life Insurance Company (formerly AUSA Life Insurance Company, Inc.), Variable Insurance Products Fund III and Fidelity Distributors Corporation hereby amend the Participation Agreement (“Agreement”) dated August 31, 2000, as amended, by doing the following:

AMENDMENT NO. 4 TO PARTICIPATION AGREEMENT
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Transamerica Financial Life Insurance Company (formerly AUSA Life Insurance Company, Inc.), Variable Insurance Products Fund III and Fidelity Distributors Corporation hereby amend the Participation Agreement (“Agreement”) dated August 31, 2000, as amended, by doing the following:

Amendment No. 2 to Participation Agreement (Columbia Funds)
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Amendment No. 2 dated as of April 23, 2010, to the Participation Agreement (the “Agreement”), dated as of May 1, 2007, between TRANSAMERICA LIFE INSURANCE COMPANY; TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY; MONUMENTAL LIFE INSURANCE COMPANY (each as the “Insurance Company”), on its own behalf and on behalf of its separate accounts; COLUMBIA FUNDS VARIABLE INSURANCE TRUST (the “Fund”); COLUMBIA MANAGEMENT ADVISORS, LLC (the “Adviser”); and COLUMBIA MANAGEMENT DISTRIBUTORS, INC. (the “Distributor”).

ASSIGNMENT AND ASSUMPTION AGREEMENT
Assignment and Assumption Agreement • April 25th, 2012 • TFLIC Separate Account VNY

THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Agreement”) is made as of October 1, 2007 by and among Peoples Benefit Life Insurance Company (“Peoples”), Monumental Life Insurance Company (“Monumental”), Transamerica Life Insurance Company (“TLIC”), Transamerica Financial Life Insurance Company (‘TFLIC”), and Transamerica Occidental Life Insurance Company (together with TLIC and TFLIC, “Transamerica”), and Columbia Funds Variable Insurance Trust (the “Fund”), Columbia Management. Advisors, LLC (“CMA”), and Columbia Management Distributors, Inc, (together with the Fund and CMA, “Columbia”).

Amendment No. 1 to Participation Agreement (Columbia Funds)
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Amendment No. 1 dated as of August 24, 2009 to the Participation Agreement (the “Agreement”), dated as of May 1, 2007, between TRANSAMERICA LIFE INSURANCE COMPANY; TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY; MONUMENTAL LIFE INSURANCE COMPANY (each as the “Insurance Company”), on its own behalf and on behalf of its separate accounts; COLUMBIA FUNDS VARIABLE INSURANCE TRUST (the “Fund”); COLUMBIA MANAGEMENT ADVISORS, LLC (the “Adviser”); and COLUMBIA MANAGEMENT DISTRIBUTORS, INC. (the “Distributor”).

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