0001297990-04-000042 Sample Contracts

Amendment to Participation Agreement
Participation Agreement • December 22nd, 2004 • Empire Fidelity Investments Variable Life Account A

Fidelity Investments Life Insurance Company, Credit Suisse Trust (formerly Warburg, Pincus Trust), Credit Suisse Asset Management, LLC (successor to Warburg, Pincus Counsellors, Inc.) and Credit Suisse Asset Management Securities, Inc. (formerly Counsellors Securities Inc.) hereby amend their Participation Agreement, dated as of September 1, 1997, as amended and/or restated to date, by doing all of the following (Capitalized terms not defined herein shall have the same meanings as set forth in the Participation Agreement):

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Contract
Participation Agreement • December 22nd, 2004 • Empire Fidelity Investments Variable Life Account A

Empire Fidelity Investments Life Insurance Company, Morgan Stanley Universal Funds, Inc., Morgan Stanley Asset Management Inc., Miller Anderson & Sherrerd, LLP., hereby amend their Participation Agreement, dated as of September 1, 1997 by doing all of the following:

Contract
Participation Agreement • December 22nd, 2004 • Empire Fidelity Investments Variable Life Account A

Empire Fidelity Investments Life Insurance Company, Credit Suisse Trust (formerly Warburg, Pincus Trust), Credit Suisse Asset Management, LLC (successor to Warburg, Pincus Counsellors, Inc.) and Credit Suisse Asset Management Securities, Inc. (formerly Counsellors Securities Inc.) hereby amend their Participation Agreement, dated as of September 1, 1997, as amended and/or restated to date by doing all of the following (Capitalized terms not defined herein shall have the same meanings as set forth in the Participation Agreement):

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