0001193125-22-114748 Sample Contracts

THIRD AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 22nd, 2022 • Separate Account No. 70

Equitable Financial Life Insurance Company, a New York life insurance company, and Equitable Financial Life Insurance Company of America, an Arizona stock life insurance company (collectively “Company”), and First Trust Variable Insurance Trust (the “Fund”), a business trust organized under the laws of the Commonwealth of Massachusetts, First Trust Advisors L.P. (the “Advisor”), an Illinois limited partnership, and First Trust Portfolios L.P. (the “Distributor”), an Illinois limited partnership, entered into a certain participation agreement dated April 20, 2012 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of August 2, 2021, 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 Advisor and the Distributor (collectively, the “Parties

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THIRD AMENDMENT TO PARTICIPATION AGREEMENT Regarding TRUST SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 22nd, 2022 • Separate Account No. 70

Equitable Financial Life Insurance Company, a New York life insurance company, and Equitable Financial Life Insurance Company of America, an Arizona stock life insurance company (collectively, “Company”), Eaton Vance Variable Trust (the “Trust”), an open-end management investment company organized under the laws of Massachusetts and Eaton Vance Distributors, Inc. (the “Distributor”), a Massachusetts company, entered into a certain participation agreement dated October 7, 2013 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of March 3, 2021, 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 Trust and the Distributor (collectively, the “Parties”).

Equitable Financial Life Insurance Company
Separate Account No. 70 • April 22nd, 2022
FIRST AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2022 • Separate Account No. 70

THIS FIRST AMENDMENT (“Amendment”) is made as of August 27, 2021 (“Amendment Effective Date”) by and between Equitable Financial Life Insurance Company formerly known as AXA Equitable Life Insurance Company (the “Company”), and ProFunds, a Delaware business trust, and Access One Trust, a Delaware business trust (together with ProFunds, the “Fund”), and ProFund Advisors LLC (the “Adviser” or “Service Provider”). The Company, and the Fund, and the Adviser are collectively referred to in this Amendment as “Parties” and individually as a “Party”.

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2022 • Separate Account No. 70

Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company (the “Company”), a New York life insurance company, ProFunds, a Delaware business trust and Access One Trust, a Delaware business trust (collectively the “Fund”) and ProFund Advisors LLC (the “Advisor”), a Maryland limited liability company, entered into a certain participation agreement dated October 1, 2013 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January 1, 2021, 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 and the Advisor.

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