AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULE 498A and THE TAILORED SHAREHOLDER REPORTS RULE

Provision of Fund Documents and Tailored Shareholder Reports; Website Posting.

Fund Documents and Tailored Shareholder Reports. The Trusts (and Underwriter) are responsible for preparing and providing the Tailored Shareholder Reports specified in the TSR Rule (“Tailored Shareholder Reports”), and the following “Fund Documents,” as specified in Rule 498A:

Summary Prospectus for the Portfolios;

Statutory Prospectus for the Portfolios;

Statement of Additional Information (“SAI”) for the Portfolios;

Most Recent Annual and Semi-Annual Reports to Shareholders (under Rule 30e-1 under the 1940 Act) for the Portfolios (together the “Shareholder Reports”);

Complete Portfolio Holdings from Shareholder Reports Containing a Summary Schedule of Investments, as applicable; and

Portfolio Holdings for Most Recent First and Third Fiscal Quarters (together with the complete portfolio holdings specified in (v) above, the “Portfolio Holdings”.

Deadline for Providing, and Current-ness of, Fund Documents and Tailored Shareholder Reports. The Trusts and the Underwriter shall provide the Fund Documents and Tailored Shareholder Reports to the Company, or its designee, on a timely basis to facilitate the required website posting, and provide updated versions as necessary, in order to facilitate a continuous offering of the securities and the Contracts.

Format of Fund Documents and Tailored Shareholder Reports. The Trusts and the Underwriter shall provide the Fund Documents and Tailored Shareholder Reports to the Company, or its designee, in an electronic format that is suitable for website posting, and in a format, or formats, that:

Are both human-readable and capable of being printed on paper in human-readable format (in accordance with paragraph Rule 498A);

Permit persons accessing the Tailored Shareholder Reports and the Statutory Prospectus and SAI to move directly back and forth between each section heading in a table of contents of such a document and the section of the document referenced in that section heading, and to immediately access information available online that is referenced in Tailored Shareholder Reports (that is, these documents must include linking, in accordance with the TSR Rule and with Rule 498A); and

Permit persons accessing the Tailored Shareholder Reports and Fund Documents to permanently retain, free of charge, an electronic version of such materials that meet the requirements of the TSR Rule as well as Rule 498A.

Website Hosting. The Company shall host and maintain the Tailored Shareholder Reports in addition to the Fund Documents required by Rule 498A, so that both Tailored Shareholder Reports and Fund Documents are publicly accessible, free of charge, at that website, in accordance with the conditions set forth in the TSR Rule and Rule 498A, provided that the Trusts and Underwriter fulfill their obligations under this Amendment. The Company may engage a third party to host and maintain the website as specified above.

Use of Summary Prospectuses.

The Company shall ensure that an Initial Summary Prospectus is used for each currently offered Variable Contract described under the related registration statement, in accordance with Rule 498A; and

The Trusts and Underwriter shall ensure that a Summary Prospectus is used for the Portfolios, in accordance with Rule 498A.

Use of Tailored Shareholder Reports.

The Company shall ensure that Tailored Shareholder Reports will be delivered as required by the TSR Rule for each currently offered Variable Contract described under the related registration statement; and

The Trusts and Underwriter shall ensure that Tailored Shareholder Reports are used for the Portfolios, in accordance with the TSR Rule.

Website Hosting and TSR Delivery Fee (Expense Allocation). The Underwriter (and/or the Trusts) shall bear the costs of posting, maintaining and managing the Tailored Shareholder Reports on the website hosted by the Company and the costs of preparing and mailing the Tailored Shareholder Reports to Contract Owners through the payment of a semi-annual Website Hosting and TSR Delivery Fee to the Company.

Amount of Fee. The Website Hosting and TSR Delivery Fee shall be based on the number of Portfolios invested in by Contract Owners. The Website Hosting and TSR Delivery Fee shall be subject to an aggregate annual cap of $600 with respect to each Portfolio.

Payment of Fee. The Trusts (and/or the Underwriter) shall pay the Website Hosting and TSR Delivery Fee to the Company, in full, within 30 business days after the end of the semi-annual period.

Review and Renegotiation. From time to time, the Parties shall review the Website Hosting and TSR Delivery Fee to determine whether it reasonably approximates the Company’s incurred and anticipated costs (both internal costs and external costs) of posting and maintaining the Tailored Shareholder Reports on the website hosted by the Company and mailing Tailored Shareholder Reports to Contract Owners. The Parties agree to negotiate in good faith any change to the Website Hosting and TSR Delivery Fee proposed by a Party.

Content of Fund Documents and Tailored Shareholder Reports. The Trusts and the Underwriter shall be responsible for the content and substance of the Fund Documents and Tailored Shareholder Reports as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents and Tailored Shareholder Reports. The Trusts and the Underwriter shall take prompt action to correct noncompliance with Rule 498A and the TSR Rule upon discovery. Without limiting the generality of the foregoing in any manner, the Trusts and the Underwriter shall be responsible for ensuring that the Fund Documents and Tailored Shareholder Reports as provided to the Company:

Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and

Do not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Provision of Fund Documents and Tailored Shareholder Reports for Paper Delivery. The Trusts and the Underwriter shall:

At their expense, as the Company may reasonably request from time to time, provide the Company with sufficient paper copies of the then current Fund Documents and Tailored Shareholder Reports, so that the Company may maintain a supply of such current paper documents sufficient in its reasonable judgment to meet anticipated requests from Contract Owners. Such Company requests shall be fulfilled reasonably promptly.

Alternatively, if requested by the Company in lieu thereof, the Trust or its designee shall provide such electronic or other documentation (including “camera ready” copies of the current Fund Documents and Tailored Shareholder Reports as set in type, or at the request of the Company, a diskette in a form suitable to be sent to a financial printer), and such other assistance as is reasonably necessary to have the then current Fund Documents printed for distribution; the reasonable costs of providing the electronic documentation and of such printing to be borne by the Trusts.

The Trusts (and/or the Underwriter) shall reimburse the Company for the costs of mailing the Fund Documents to Contract Owners. This reimbursement is in addition to, and not part of or in lieu of, the Website Hosting and TSR Delivery Fee specified above.

Portfolio Expense and Performance Data. The Trusts shall provide such data regarding each Portfolio’s expense ratios and investment performance as the Company shall reasonably request, to facilitate the registration and sale of the Variable Contracts. Without limiting the generality of the forgoing, the Trusts shall provide the following Portfolio expense and performance data on a timely basis to facilitate the Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Company), but in no event later than 45 calendar days after the close of each Portfolio’s fiscal year:

The gross “Annual Portfolio Company Expenses” for each Portfolio calculated in accordance with Item 3 of Form N-1A, before any expense reimbursements or fee waiver arrangements (and in accordance with (i) Instruction 16 to Item 4 of Form N-4, and (ii) Instruction 4(a) to Item 4 of Form N-6);

The net “Annual Portfolio Company Expenses” (aka “Total Annual Fund Operating Expenses”) for each Portfolio calculated in accordance with Item 3 of Form N-1A, that include any expense reimbursements or fee waiver arrangements (and in accordance with (i) Instruction 17 to Item 4 of Form N-4, (ii) Instruction 4 to Item 17 of Form N-4, (iii) Instruction 4(b) to Item 4 of Form N-6, and (iv) Instruction 4 to Item 18 of Form N-6), and the period for which the expense reimbursements or fee waiver arrangement is expected to continue and whether it can be terminated by the Portfolio (or Trust); and

The “Average Annual Total Returns” for each Portfolio (before taxes) as calculated pursuant to Item 4(b)(2)(iii) of Form N-1A (for the 1, 5, and 10 year periods, and in accordance with (i) Instruction 7 to Item 17 of Form N-4, and (ii) Instruction 7 to Item 18 of Form N-6).

Construction of this Amendment; Participation Agreement.

This Amendment shall be interpreted to be consistent with, and to facilitate compliance with and reliance on the TSR Rule and Rule 498A, and any interpretations of those Rules by the Securities and Exchange Commission, its staff, courts, or other appropriate legal authorities.

To the extent the terms of this Amendment conflict with the terms of the Participation Agreement, the terms of this Amendment shall control; otherwise, and except as otherwise specifically set forth in this Amendment, the terms of the Participation Agreement shall continue to apply, and shall apply to the duties, responsibilities, rights, and obligations of the Parties under and pursuant to this Amendment.

Termination. This Amendment shall terminate upon the earlier of:

Termination of the Participation Agreement; or

60 days written notice from any Party to the other Parties.

Counterparts and Delivery. This Amendment may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one instrument. A signed copy of this Amendment delivered by facsimile or by emailing a copy in .pdf form shall be treated as an original and shall bind all Parties just as would the exchange of originally signed copies.