0001193125-23-110080 Sample Contracts

PARTICIPATION AGREEMENT Among MONY LIFE INSURANCE COMPANY OF AMERICA DELAWARE VIP TRUST DELAWARE MANAGEMENT COMPANY, a series of Delaware Management Business Trust and DELAWARE DISTRIBUTORS, L.P.
Participation Agreement • April 21st, 2023 • Equitable America Variable Account No.70A • New York

THIS AGREEMENT, made and entered into as of this 9th day of July, 2010, by and among MONY LIFE INSURANCE COMPANY OF AMERICA (the “COMPANY”), an Arizona life insurance company, on its own behalf and on behalf of its separate accounts (the “Accounts”); DELAWARE VIP TRUST, an open-end management investment company organized as a statutory trust under the laws of the State of Delaware (the “Fund”); DELAWARE MANAGEMENT COMPANY, a series of Delaware Management Business Trust (the “Adviser”), a statutory trust organized under the laws of the State of Delaware and investment adviser to the Fund ; and DELAWARE DISTRIBUTORS, L.P. (the “Distributor”), a limited partnership organized under the laws of the State of Delaware and principal underwriter/distributor of the Fund.

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FIRST AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 21st, 2023 • Equitable America Variable Account No.70A

Equitable Financial Life Insurance Company of America, formerly known as MONY Life Insurance Company of America (the “Company”), an Arizona stock life insurance company, Delaware VIP Trust (the “Fund”), an open-end management investment company organized as a statutory trust under the laws of the State of Delaware, Delaware Management Company, (the “Adviser”), a series of Macquarie Investment Management Business Trust, a statutory trust organized under the laws of the State of Delaware, and Delaware Distributors, L.P. (the “Distributor”), a limited partnership organized under the laws of the State of Delaware and principal underwriter/distributor of the Fund, entered into a certain participation agreement dated July 9, 2010, (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of July 6, 2022, 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

FIFTH AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 21st, 2023 • Equitable America Variable Account No.70A

This Amendment (the “Amendment”) to the Participation Agreement dated October 21, 1998, as amended (the “Agreement”) among T. Rowe Price Equity Series, Inc., T. Rowe Price Fixed Income Series, Inc. and T. Rowe Price International Series, Inc. (the “Fund(s)”), T. Rowe Price Investment Services, Inc. (the “Underwriter”), and Equitable Financial Life Insurance Company of America (the “Company”), is effective as of June 6, 2022.

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