EX-99.8(E)XVI 8 ex8exvi.txt AMEND. NO. 1 TO FUND PARTICIPATION AGREEMENT AMENDMENT NO. 1 to the FUND PARTICIPATION AGREEMENT AMENDMENT, dated as of May 1, 2001, to the Fund Participation Agreement dated as of the 1st day of May, 2000 (the "Agreement"), by and between Deutsche Asset Management VIT Funds (formerly, BT Insurance Funds Trust) ("Trust"), Bankers Trust Company ("Adviser"), and Western-Southern Life Assurance Company ("WSLAC" or "Life Company"). WHEREAS, effective May 1, 2001 Deutsche Asset Management, Inc. ("DAMI") will replace Adviser as investment adviser to the Trust; WHEREAS, effective May 1, 2001 the Adviser wishes to transfer all of its rights, responsibilities and duties under the Agreement to ("DAMI"); WHEREAS, DAMI is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act"); WHEREAS, Trust, Life Company and Adviser wish to revise Appendix A and Appendix B to the Agreement in their entirety; NOW, THEREFORE, in accordance with Section 10.9 of the Agreement, Trust, Life Company, Adviser and DAMI hereby agree as follows: 1. Effective May 1, 2001 DAMI will replace Adviser and assume all of the Adviser's rights, responsibilities and duties under the Agreement. 2. Life Company agrees to the replacement of Adviser with DAMI. 3. Article IX. NOTICES is hereby amended such that the addresses for Trust and Adviser are replaced in their entirety with the following: If to TRUST: Deutsche Asset Management VIT Funds c/o First Data Investor Services Group, Inc. 101 Federal Street Boston, MA 02110 Attn: Elizabeth Russell, Legal Department and c/o BT Alex. Brown One South Street, Mail Stop 1-18-6 Baltimore, MD 21202 Attn: Mutual Fund Services If to ADVISER: Deutsche Asset Management, Inc. 130 Liberty Street, Mail Stop 2355 New York, NY 10006 Attn: Mutual Fund Marketing 4. Appendix A to the Agreement is hereby amended, and restated in its entirety, by the Appendix A attached to this Amendment. 5. Appendix B to the Agreement is hereby amended, and restated in its entirety, by the Appendix B attached to this Amendment. Except as expressly set forth above, all other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused their duly authorized officers to execute this Amendment as of the date and year first above written. DEUTSCHE ASSET MANAGEMENT VIT FUNDS By:_______________________________________ Name: Title: WESTERN-SOUTHERN LIFE ASSURANCE COMPANY By:_______________________________________ Name: Title: BANKERS TRUST COMPANY By:_______________________________________ Name: Title: DEUTSCHE ASSET MANAGEMENT, INC. By:_______________________________________ Name: Title: Appendix A (Revised effective May 1, 2001) To Participation Agreement by and among Deutsche Asset Management VIT Funds, Deutsche Asset Management, Inc. and Western-Southern Life Assurance Company List of portfolios: Deutsche Asset Management VIT Funds - Equity 500 Index Fund Appendix B (Revised effective May 1, 2001) To Participation Agreement by and among Deutsche Asset Management VIT Funds, Deutsche Asset Management, Inc. and Western-Southern Life Assurance Company List of variable separate accounts: Western-Southern Life Assurance Company Separate Account 1 (established 1992) Western-Southern Life Assurance Company Separate Account 2 (established 1994)