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FIRST AMENDMENT
dated as of October 1, 2009
to the
PARTICIPATION AGREEMENT
dated August 25, 2008
by and among
PRINCIPAL VARIABLE CONTRACT FUNDS, INC.,
(formerly PRINCIPAL VARIABLE CONTRACTS FUNDS, INC.)
PRINCIPAL FUNDS DISTRIBUTOR, INC.,
and
FARMERS NEW WORLD LIFE INSURANCE COMPANY
(together with the Schedules, as amended from time to time, the “Agreement”)
The parties have previously entered into the Agreement and have now agreed to amend the Agreement by the terms of this First Amendment (this “Amendment”).
Accordingly, in consideration of the mutual agreements contained in this Amendment, the parties agree as follows:
| 1. | Amendment of the Agreement |
The Agreement is hereby amended by replacing Schedule A to the Agreement with Schedule A to this First Amendment.
| 2. | Representations |
Each party represents to the other party in respect of the Agreement, as amended pursuant to this Amendment, that all representations made by it pursuant to the Agreement are true and accurate as of the date of this Amendment.
| 3. | Miscellaneous |
| (a) | Entire Agreement; Restatement. |
| (i) | This Amendment constitutes the entire agreement and understanding of the parties with respect to its subject matter and supersedes all oral communication and prior writings (except as otherwise provided herein) with respect thereto. |
| (ii) | Except for any amendment to the Agreement made pursuant to this Amendment, all terms and conditions of the Agreement will continue in full force and effect in accordance with its provisions on the date of this Amendment. References to the Agreement will be to the Agreement, as amended by this Amendment. |
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| (b) | Amendments. No amendment, modification or waiver in respect of the matters contemplated by this Amendment will be effective unless made in accordance with the terms of the Agreement. |
| (c) | Counterparts. This Amendment may be executed and delivered in counterparts (including by facsimile transmission), each of which will be deemed an original. |
| (d) | Headings. The headings used in this Amendment are for convenience of reference only and are not to affect the construction of or to be taken into consideration in interpreting this Amendment. |
| (e) | Governing Law. This Amendment will be governed by and construed in accordance with the laws of the State of Washington (without reference to choice of law doctrine). |
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IN WITNESS WHEREOF the parties have executed this Amendment on the respective dates specified below with effect from the date specified first on the first page of this Amendment.
| FARMERS NEW WORLD LIFE INSURANCE COMPANY, on its behalf and on behalf of each Account named in Schedule A, as may be amended from time to time. | PRINCIPAL VARIABLE CONTRACT FUNDS, INC., on its behalf and on behalf of each Fund named in Schedule A, as may be amended from time to time. | |||||||
| By: |
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By: |
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| Name: | Name: | |||||||
| Title: | Title: | |||||||
| PRINCIPAL FUNDS DISTRIBUTOR, INC. | ||||||||
| By: |
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| Name: | ||||||||
| Title: | ||||||||
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Schedule A (effective as of October 1, 2009)
Accounts, Contracts, and Funds
| Name of Account and Date Established by Board |
Contracts Supported by Separate Account | |
| Farmers Annuity Separate Account A (4/6/99) | • Farmers Variable Annuity | |
| Farmers Variable Life Separate Account A (4/6/99) | • Farmers Variable Universal Life • Accumulator VUL • Farmers EssentialLife Variable Universal Life | |
Class 2 Shares of the following Funds of Principal Variable Contract Funds, Inc. (“PVC”) will be made available to the Company as the sponsor of the Accounts:
Principal Variable Contract Funds, Inc. – Equity Funds
PVC Diversified International Account
Accumulator VUL
PVC Equity Income Account
Accumulator VUL
Farmers Variable Annuity
Farmers Variable Universal Life
PVC LargeCap Growth Account
Accumulator VUL
PVC LargeCap Blend Account II
Accumulator VUL
PVC MidCap Stock Account1
Accumulator VUL
Farmers Variable Annuity
Farmers Variable Universal Life
PVC MidCap Blend Account
Accumulator VUL
Farmers Variable Annuity
Farmers Variable Universal Life
PVC SmallCapGrowth Account II
Accumulator VUL
Farmers Variable Annuity
Farmers Variable Universal Life
PVC Principal Capital Appreciation Account
Accumulator VUL
1 PVC MidCap Stock Account is scheduled to merge into PVC MidCap Blend Account on or about October 23, 2009. PVC MidCap Stock Account will not be subject to this Agreement after the merger.
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Farmers Variable Annuity
Farmers Variable Universal Life
Principal Variable Contract Funds, Inc. – Fixed Income Funds
PVC Income Account
Accumulator VUL
PVC Money Market Account
Accumulator VUL
PVC Mortgage Securities Account
Accumulator VUL
PVC Short-Term Income Account
Accumulator VUL
Principal Variable Contract Funds, Inc. – Strategic Asset Management (SAM) Portfolios
PVC SAM Balanced Portfolio
Accumulator VUL
Farmers EssentialLife Variable Universal Life
Farmers Variable Annuity
Farmers Variable Universal Life
PVC SAM Conservative Balanced Portolio
Accumulator VUL
Farmers EssentialLife Variable Universal Life
Farmers Variable Annuity
Farmers Variable Universal Life
PVC SAM Conservative Growth Portfolio
Accumulator VUL
Farmers EssentialLife Variable Universal Life
Farmers Variable Annuity
Farmers Variable Universal Life
PVC SAM Flexible Income Portfolio
Accumulator VUL
Farmers EssentialLife Variable Universal Life
Farmers Variable Annuity
Farmers Variable Universal Life
PVC SAM Strategic Growth Portfolio
Accumulator VUL
Farmers EssentialLife Variable Universal Life
Farmers Variable Annuity
Farmers Variable Universal Life
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