AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
Contract Type FiledApril 28th, 2021 CompanyThe 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