0001193125-21-134322 Sample Contracts

AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 27th, 2021 • Guardian Separate Account D

The Guardian Insurance & Annuity Company, Inc. (the ‘‘Company”), the Victory Variable Insurance Funds, (the “ Fund”), and Victory Capital Services, Inc. (f/k/a Victory Capital Advisers, Inc.) (the “ Underwriter”), and Victory Capital Management Inc. , (the “ Advise r” ) entered into a certain participation agreement dated June 13, 2016 (the “ Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of 12/11/2020, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund, on behalf of the Portfolios (as defined below), individually and not jointly, the Underwriter and the Adviser (collectively , the “ Parties” ). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Participation Agreement (defined abo

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AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498A
Participation Agreement • April 27th, 2021 • Guardian Separate Account D

The Guardian Insurance & Annuity Company, Inc. (the “Company”), the Value Line Centurion Fund, Inc., a Maryland corporation, Value Line Funds Variable Trust, a Massachusetts business trust (formerly, Value Line Strategic Asset Management Trust)on behalf of its series, Value Line Strategic Asset Management Trust, (collectively, the “Fund”), and EULAV Securities LLC (formerly, Value Line Securities, Inc.) (the “Underwriter”), and EULAV Asset Management , (the “Advisor”) entered into a certain participation agreement dated April 4, 2003 (the “Participation Agreement”), as may it be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 9th, 2020, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund, the Underwriter and the Advisor (collectively, the ‘‘Parties”)

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