0001193125-15-246447 Sample Contracts

FUND PARTICIPATION AGREEMENT
Participation Agreement • July 7th, 2015 • Separate Account No. 70 of AXA Equitable Life Insurance Co • New York

THIS AGREEMENT, made and entered into this 13th day of May, 2015 (the “Agreement”) by and among AXA Equitable Life Insurance Company, organized under the laws of the State of New York (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 account referred to as the “Account” and collectively as the “Accounts”); ALPS Variable Investment Trust, an open-end management investment company organized under the laws of the State of Delaware (the “Fund”); ALPS Advisors, Inc., a corporation organized under the laws of the State of Colorado and investment adviser to the Fund (the “Adviser”); and ALPS Portfolio Solutions Distributor, Inc., a corporation organized under the laws of the State of Colorado and principal underwriter/distributor of the Fund (the “Distributor”).

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AXA EQUITABLE LIFE INSURANCE COMPANY INHERITED NON-QUALIFIED PAYOUT ENDORSEMENT
Separate Account No. 70 of AXA Equitable Life Insurance Co • July 7th, 2015

When issued with this Endorsement, and as specified in the Data Pages, this Contract is offered to a beneficiary of a nonqualified deferred annuity contract in his/her capacity as beneficiary. It is intended to make the payments required after the death of the holder of a nonqualified deferred annuity contract under Section 72(s) of the Code.

2nd AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • July 7th, 2015 • Separate Account No. 70 of AXA Equitable Life Insurance Co

WHEREAS, AXA Equitable Life Insurance Company (“Company”), JPMorgan Insurance Trust (the “Trust”), the Trust’s investment advisor, J.P. Morgan Investment Management Inc. (the “Adviser”), and the Trust’s administrator, JPMorgan Funds Management, Inc. (the “Administrator”) have entered into a Participation Agreement dated April 1, 2011 and amended August 20, 2013 (the “Agreement”); and

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