0001206774-20-002028 Sample Contracts

FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • July 8th, 2020 • First Investors Life Variable Annuity Fund D • Delaware

THIS AGREEMENT, made and entered into this 4th day of October, 2019 (the “Agreement”), by and among Foresters Life Insurance and Annuity 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 such separate account being hereinafter referred to as a “Separate Account” and, collectively, as the “Separate Accounts”); Delaware VIP® Series, an open-end management investment company organized as a statutory trust under the laws of the State of Delaware (the “Trust”); Delaware Management Company, a series of Macquarie Investment Management Business Trust, a statutory trust organized under the laws of the State of Delaware and investment adviser to the Trust (the “Adviser”); and Delaware Distributors, L.P., a limited partnership organized under the laws of the State of Delaware and principal underwriter/distributor of the Trust (the

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ADMINISTRATIVE SERVICES AGREEMENT
Administrative Services Agreement • July 8th, 2020 • First Investors Life Variable Annuity Fund D • New York

THIS ADMINISTRATIVE SERVICES AGREEMENT (this “Agreement”) is entered into as of January 1, 2017, by and among Nassau Reinsurance LLC (“Nassau Re”) and The Phoenix Companies, Inc. (“PNX”), referred to herein individually each as a “Provider” and together as “Providers”, and Phoenix Life Insurance Company, a New York life insurance company (“PLIC”), sometimes referred to herein as the “Recipient”. The Providers and the Recipient shall be referred to herein individually each as a “Party” and collectively as “the Parties.”

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