AMENDMENT NO. 1 TO FUND PARTICIPATION AGREEMENT
AMENDMENT
NO. 1 TO FUND PARTICIPATION AGREEMENT
THIS AMENDMENT NO. 1 TO FUN I
PARTICIPATION AGREEMENT (“Amendment”) is made as of this 9th day of
April, 1999, by and between KANSAS CITY LIFE INSURANCE
COMPANY (the “Company”), AMERICAN CENTURY VARIABLE PORTFOLIOS,
INC. (the “Issuer”) and the investment advisor of the Issuer, AMERICAN CENTURY INVESTMENT
MANAGEMENT, INC. (“ACIM”).
RECITALS
WHEREAS, the Company, Issuer
and ACIM are parties to a certain Fund Participation Agreement dated May 1,
1995, in which the Company offers to the public certain variable annuity
contracts and variable life insurance contracts (the “Contracts”);
WHEREAS, since the date of the
Agreement, TCI Portfolios, Inc. has changed its name to American Century
Variable Portfolios, Inc.;
WHEREAS, since the date of the
Agreement, Investors Research Corporation has changed its name to American
Century Investment Management, Inc.;
WHEREAS, since the date of the
Agreement, the fund names have changed to VP Balanced Fund and VP International
Fund;
WHEREAS, the Company now
desires to expand the number of American Century funds made available by the
Company to its clients; and
WHEREAS, the parties now
desire to further modify the Agreement as provided herein.
NOW, THEREFORE, in
consideration of the mutual promises set forth herein, the parties hereto agree
as follows:
1. Addition of Funds.
The second “WHEREAS” clause of the Agreement is hereby deleted in its entirety
and the following is substituted in lieu thereof
“WHEREAS, the Company wishes
to offer as investment options under the Contracts, VP Balanced Fund, VP
International Fund, VP Capital Appreciation Fund, VP Value Fund and VP Income
& Growth Fund (the “Funds”), each of which is a series of mutual fund shares
registered under the Investment Company Act of 1940, as amended, and issued by
the Issuer; and”
2. Ratification and
Confirmation of Agreement. In the event of a conflict between the terms
of this Amendment and the Agreement, it is the intention of the parties that the
terms of this Amendment shall control and the Agreement shall be interpreted
on
that
basis. To the extent the provisions of the Agreement have not been amended by
this Amendment, the parties hereby confirm and ratify the
Agreement.
3. Counterparts. 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.
4. Full Force and
Effect. Except as expressly supplemented, amended or consented to hereby,
all of the representations, warranties, terms, covenants and conditions of the
Agreement shall remain unamended and shall continue to be in full force and
effect.
IN
WITNESS WHEREOF, the undersigned have executed this Amendment No. 1 as of the
date first above written.
KANSAS
CITY LIFE
INSURANCE AMERICAN
CENTURY
COMPANY INVESTMENT
MANAGEMENT, INC.
By: /s/ ▇▇▇▇▇▇▇ ▇.
▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇.
▇▇▇▇▇
Name: ▇▇▇▇▇▇▇
▇.
▇▇▇▇ Name: ▇▇▇▇▇▇▇
▇. ▇▇▇▇▇
Title: SVP Title: Executive
Vice President
AMERICAN
CENTURY VARIABLE PORTFOLIOS, INC.
By: /s/ ▇▇▇▇▇▇▇ ▇.
▇▇▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇
▇. ▇▇▇▇▇▇▇▇▇▇▇
Title: Assistant
Vice President