AMENDMENT NO. 1 December 1, 2006 PRINCIPAL UNDERWRITER’S AGREEMENT
AMENDMENT
NO. 1
December
1, 2006
This
Principal Underwriter’s Agreement dated February 1, 2003 (the “Agreement”) by
and between Sun Life Insurance and Annuity Company of New York (the “Insurance
Company”) and Clarendon Insurance Agency, Inc. (“Clarendon”) is hereby amended
as follows:
Paragraph
five of section IV. of the Agreement is hereby deleted in its entirety and
replaced with the following:
IV. Expense
Reimbursement
Within
thirty (30) days after the last day of each month, Clarendon intends to submit
to Insurance Company a detailed written statement of charges due from Insurance
Company to Clarendon in the preceding calendar month. Clarendon
reserves the right to provide statements on a less frequent basis, but in no
event less than on a quarterly basis. Each statement shall include
charges not included in any previous statements, and any balance payable or to
be refunded as shown in the statement shall be paid or refunded within thirty
(30) days following receipt of the written statement by Insurance
Company.
Section
VI. J. of the Agreement is hereby renumbered as section VI. K.
A new
section VI. J. is added to the Agreement as follows:
J. Customer
Information
Clarendon
shall implement and maintain appropriate measures designed to meet the
objectives of New York Insurance Department Regulation No. 173, with respect to
safeguarding Insurance Company’s customer information and customer information
systems. Clarendon shall adjust its information security program at
the request of Insurance Company for any relevant changes dictated by Insurance
Company’s assessment of risk around its customer information and customer
information systems. Confirming evidence that Clarendon has satisfied
its obligations under this agreement shall be made available, during normal
business hours, for inspection by Insurance Company, anyone authorized by
Insurance Company, and any governmental agency that has regulatory authority
over Insurance Company’s business activities.
All other
terms of the Agreement shall remain in full force and effect.
J:\GC\Regulatory\Intercompany
Agreements\Agreements & Amendments\Marketing and Sale\MSA-45 - SLNY,
Clarendon Amend. 1.doc
IN WITNESS WHEREOF, the
parties have caused this Amendment No. 1 to be executed by their respective
officers duly authorized to do so, as of the date first above
written.
Sun Life
Insurance and Annuity Company of New York
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▇. ▇▇▇▇▇
Vice
President and Chief Financial
Officer Vice
President, Chief Accounting
and
Treasurer Officer
and Controller
Clarendon
Insurance Agency, Inc.
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▇▇▇▇▇▇▇▇ ▇▇▇▇
▇. ▇▇▇▇▇
Assistant
Vice President and Tax
Officer Financial/Operations
Principal and
Treasurer
J:\GC\Regulatory\Intercompany
Agreements\Agreements & Amendments\Marketing and Sale\MSA-45 - SLNY,
Clarendon Amend. 1.doc