Common use of DURATION, TERMINATION AND AMENDMENT OF AGREEMENT Clause in Contracts

DURATION, TERMINATION AND AMENDMENT OF AGREEMENT. This Agreement shall remain in effect with respect to each Series, as it may from time to time be amended, until it shall have been terminated as hereinafter provided, but no such amendment or termination shall affect or impair any rights or liabilities arising out of any acts or omissions to act occurring prior to such amendment or termination. The Custodian may terminate this Agreement by giving the Fund ninety days' written notice of such termination by registered mail addressed to the Fund at its principal place of business. The Fund may terminate this Agreement by giving ninety days' written notice thereof delivered by registered mail to the Custodian at its principal place of business. Additionally, this Agreement may be terminated with respect to any Series of the Fund pursuant to the same procedures, in which case this Agreement shall continue in full effect with respect to all other Series of the Fund. Upon termination of this Agreement, the assets of the Fund, or Series thereof, held by the Custodian shall be delivered by the Custodian to a successor custodian upon receipt by the Custodian of a Written Order from the Fund designating the successor custodian; and if no successor custodian is designated in said Written Order from the Fund, the Custodian shall, upon such termination, deliver all such assets to the Fund. This Agreement may be amended or terminated at any time to the mutual agreement of the Fund and the Custodian. Additionally, this Agreement may be amended or terminated with respect to any Series of the Fund at any time by the mutual agreement of the Fund and the Custodian, in which case such amendment or termination would apply to such Series amending or terminating this Agreement but not to the other Series of the Fund. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

DURATION, TERMINATION AND AMENDMENT OF AGREEMENT. This Agreement shall remain in effect with respect to each Series, as it may from time to time be amended, until it shall have been terminated as hereinafter provided, but no such amendment or termination shall affect or impair any rights or liabilities arising out of any acts or omissions to act occurring prior to such amendment or termination. The Custodian may terminate this Agreement by giving the Fund ninety days' written notice of such termination by registered mail addressed to the Fund at its principal place of business. The Fund may terminate this Agreement by giving ninety days' written notice thereof delivered by registered mail to the Custodian at its principal place of business. Additionally, this Agreement may be terminated with respect to any Series of the Fund pursuant to the same procedures, in which case this Agreement shall continue in full effect with respect to all other Series of the Fund. Upon termination of this Agreement, the assets of the Fund, or Series thereof, held by the Custodian shall be delivered by the Custodian to a successor custodian upon receipt by the Custodian of a Written Order from the Fund designating the successor custodian; and if no successor custodian is designated in said Written Order from the Fund, the Custodian shall, upon such termination, deliver all such assets to the Fund. This Agreement may be amended or terminated at any time to by the mutual agreement of the Fund and the Custodian. Additionally, this Agreement may be amended or terminated with respect to any Series of the Fund at any time by the mutual agreement of the Fund and the Custodian, in which case such amendment or termination would apply to such Series amending or terminating this Agreement but not to the other Series of the Fund. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

DURATION, TERMINATION AND AMENDMENT OF AGREEMENT. This Agreement shall remain in effect with respect to each Serieseffect, as it may from time to time be amended, until it shall have been terminated as hereinafter provided, but no such amendment alteration or termination shall affect or impair any rights or liabilities arising out of any acts or omissions to act occurring prior to such amendment or termination. The Custodian may terminate this Agreement by giving the Fund ninety (90) days' written notice of such termination by registered mail addressed to the Fund at its principal place of business. The Fund may terminate this Agreement by giving ninety (90) days' written notice thereof delivered delivered, together with a copy of the resolution of the Board of Directors authorizing such termination and certified by the Secretary of the Fund, by registered mail to the Custodian at its principal place of business. Additionally, this Agreement may be terminated with respect to any Series of the Fund pursuant to the same procedures, in which case this Agreement shall continue in full effect with respect to all other Series of the Fund. Upon termination of this Agreement, the assets of the Fund, or Series thereof, Fund held by the Custodian shall be delivered by the Custodian to a successor custodian upon receipt by the Custodian of a Written Order from copy of the Fund resolution of the Board of Directors of the Fund, certified by the Secretary, designating the successor custodian; and if no . Upon any termination of this Agreement, pending the appointment of a successor custodian is designated in said Written Order from or a decision by the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver the cash, securities and other property of the Fund to the Fund, but may deliver them to a bank or trust company in the Cities of Minneapolis or St. Xxxx, Minnesota, of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report, of not less than five hundred thousand dollars ($500,000.00) as a Custodian shallfor the Fund to be held under terms similar to those of this Agreement; provided, upon however, that Custodian shall not be required to make any such terminationdelivery or payment until full payment shall have been made by the Fund or Minnesota Mutual of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, deliver and until full payment shall have been made to Custodian of all such assets its fees, compensation, costs and expenses, subject to the Fundprovisions of Section 12 of this Agreement. This Agreement may be amended or terminated at any time to the mutual agreement of the Fund and the Custodian. Additionally, this Agreement may be amended or terminated with respect to any Series of the Fund at any time by the mutual agreement of the Fund and the Custodian, in which case such amendment or termination would apply to such Series amending or terminating this Agreement but not to the other Series of the Fund. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

DURATION, TERMINATION AND AMENDMENT OF AGREEMENT. This Agreement shall remain in effect with respect to each Serieseffect, as it may from time to time be amended, until it shall have been terminated as hereinafter provided, but no such amendment alteration or termination shall affect or impair any rights or liabilities arising out of any acts or omissions to act occurring prior to such amendment or termination. The Custodian may terminate this Agreement by giving the Fund ninety days' written notice of such termination by registered mail addressed to the Fund at its principal place of business. The Fund may terminate this Agreement by giving ninety days' ', written notice thereof delivered delivered, together with a copy of the resolution of the Board of Directors authorizing such termination and certified by the Secretary of the Fund, by registered mail to the Custodian at its principal place of business. Additionally, this Agreement may be terminated with respect to any Series of the Fund pursuant to the same procedures, in which case this Agreement shall continue in full effect with respect to all other Series of the Fund. Upon termination of this Agreement, the assets of the Fund, or Series thereof, held by the Custodian shall be delivered by the Custodian to a successor custodian upon receipt by the Custodian of a Written Order from copy of the Fund resolution of the Board of Directors of the Fund, certified by the Secretary, designating the successor custodianCustodian; and if no successor custodian is designated in said Written Order from the Fund, the Custodian shall, upon such termination, deliver all such assets to the Fund. This Agreement may be amended or terminated at any time to by the mutual agreement of the Fund and the Custodian. Additionally, this Agreement may be amended or terminated with respect to any Series of the Fund at any time by the mutual agreement of the Fund and the Custodian, in which case such amendment or termination would apply to such Series amending or terminating this Agreement but not to the other Series of the Fund. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

DURATION, TERMINATION AND AMENDMENT OF AGREEMENT. This Agreement shall remain in effect with respect to each Serieseffect, as it may from time to time be amended, until it shall have been terminated as hereinafter provided, but no such amendment alteration or termination shall affect or impair any rights or liabilities arising out of any acts or omissions to act occurring prior to such amendment or termination. The Custodian may terminate this Agreement by giving the Fund ninety (90) days' written notice of such termination by registered mail addressed to the Fund at its principal place of business. The Fund may terminate this Agreement by giving ninety (90) days' written notice thereof delivered delivered, together with a copy of the resolution of the Board of Directors authorizing such termination and certified by the Secretary of the Fund, by registered mail to the Custodian at its principal place of business. Additionally, this Agreement may be terminated with respect to any Series of the Fund pursuant to the same procedures, in which case this Agreement shall continue in full effect with respect to all other Series of the Fund. Upon termination of this Agreement, the assets of the Fund, or Series thereof, Fund held by the Custodian shall be delivered by the Custodian to a successor custodian upon receipt by the Custodian of a Written Order from copy of the Fund resolution of the Board of Directors of the Fund, certified by the Secretary, designating the successor custodian; and if no . Upon any termination of this Agreement, pending the appointment of a successor custodian is designated in said Written Order from or a decision by the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver the cash, securities and other property of the Fund to the Fund, but may deliver them to a bank or trust company in the Cities of Minneapolis or St. Xxxx, Minnesota, of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report, of not less than five hundred thousand dollars ($500,000.00) as a Custodian shallfor the Fund to be held under terms similar to those of this Agreement; provided, upon however, that Custodian shall not be required to make any such terminationdelivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, deliver and until full payment shall have been made to Custodian of all such assets its fees, compensation, costs and expenses, subject to the Fundprovisions of Section 12 of this Agreement. This Agreement may be amended or terminated at any time to the mutual agreement of the Fund and the Custodian. Additionally, this Agreement may be amended or terminated with respect to any Series of the Fund at any time by the mutual agreement of the Fund and the Custodian, in which case such amendment or termination would apply to such Series amending or terminating this Agreement but not to the other Series of the Fund. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

DURATION, TERMINATION AND AMENDMENT OF AGREEMENT. This Agreement shall remain in effect with respect to each Serieseffect, as it may from time to time be amended, until it shall have been terminated as hereinafter provided, but no such amendment alteration or termination shall affect or impair any rights or liabilities arising out of any acts or omissions to act occurring prior to such amendment or termination. The Custodian may terminate this Agreement by giving the Fund ninety days' written notice of such termination by registered mail addressed to the Fund at its principal place of business. The Fund may terminate this Agreement by giving ninety days' written notice thereof delivered delivered, together with a copy of the resolution of the Board of Directors authorizing such termination and certified by the Secretary of the Fund, by registered mail to the Custodian at its principal place of business. Additionally, this Agreement may be terminated with respect to any Series of the Fund pursuant to the same procedures, in which case this Agreement shall continue in full effect with respect to all other Series of the Fund. Upon termination of this Agreement, the assets of the Fund, or Series thereof, held by the Custodian shall be delivered by the Custodian to a successor custodian upon receipt by the Custodian of a Written Order from copy of the Fund resolution of the Board of Directors of the Fund, certified by the Secretary, designating the successor custodianCustodian; and if no successor custodian is designated in said Written Order from the Fund, the Custodian shall, upon such termination, deliver all such assets to the Fund. This Agreement may be amended or terminated at any time to by the mutual agreement of the Fund and the Custodian. Additionally, this Agreement may be amended or terminated with respect to any Series of the Fund at any time by the mutual agreement of the Fund and the Custodian, in which case such amendment or termination would apply to such Series amending or terminating this Agreement but not to the other Series of the Fund. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

DURATION, TERMINATION AND AMENDMENT OF AGREEMENT. This Agreement shall remain in effect with respect to each Serieseffect, as it may from time to time be amended, until it shall have been terminated as hereinafter provided, but no such amendment alteration or termination shall affect or impair any rights or liabilities arising out of any acts or omissions to act occurring prior to such amendment or termination. The Custodian may terminate this Agreement by giving the Fund ninety days' written notice of such termination by registered mail addressed to the Fund at its principal place of business. The Fund may terminate this Agreement by giving ninety days' written notice thereof delivered delivered, together with a copy of the resolution of the Board of Directors authorizing such termination and certified by the Secretary of the Fund, by registered mail to the Custodian at its principal place of business. Additionally, this Agreement may be terminated with respect to any Series of the Fund pursuant to the same procedures, in which case this Agreement shall continue in full effect with respect to all other Series of the Fund. Upon termination of this Agreement, the assets of the Fund, or Series thereof, held by the Custodian shall be delivered by the Custodian to a successor custodian upon receipt by the Custodian of a Written Order from copy of the Fund resolution of the Board of Directors of the Fund, certified by the Secretary, designating the successor custodian; and if no successor custodian is designated in said Written Order from the Fund, the Custodian shall, upon such termination, deliver all such assets to the Fund. This Agreement may be amended or terminated at any time to by the mutual agreement of the Fund and the Custodian. Additionally, this Agreement may be amended or terminated with respect to any Series of the Fund at any time by the mutual agreement of the Fund and the Custodian, in which case such amendment or termination would apply to such Series amending or terminating this Agreement but not to the other Series of the Fund. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

DURATION, TERMINATION AND AMENDMENT OF AGREEMENT. This Agreement shall remain in effect with respect to each Serieseffect, as it may from time to time be amended, until it shall have been terminated as hereinafter provided, but no such amendment alteration or termination shall affect or impair any rights or liabilities arising out of any acts or omissions to act occurring prior to such amendment or termination. The Custodian may terminate this Agreement by giving the Fund Trust ninety days' written notice of such termination by registered mail addressed to the Fund Trust at its principal place of business. The Fund Trust may terminate this Agreement by giving ninety days' ', written notice thereof delivered delivered, together with a copy of the resolution of the Board of Trustees authorizing such termination and certified by the Secretary of the Trust, by registered mail to the Custodian at its principal place of business. Additionally, this Agreement may be terminated with respect to any Series of the Fund Trust pursuant to the same procedures, in which case this Agreement shall continue in full effect with respect to all other Series of the FundTrust. Upon termination of this Agreement, the assets of the FundTrust, or Series thereof, held by the Custodian shall be delivered by the Custodian to a successor custodian upon receipt by the Custodian of a Written Order from copy of the Fund resolution of the Board of Trustees of the Trust, certified by the Secretary, designating the successor custodianCustodian; and if no successor custodian is designated in said Written Order from the Fund, the Custodian shall, upon such termination, deliver all such assets to the FundTrust. This Agreement may be amended or terminated at any time to by the mutual agreement of the Fund Trust and the Custodian. Additionally, this Agreement may be amended or terminated with respect to any Series of the Fund Trust at any time by the mutual agreement of the Fund Trust and the Custodian, in which case such amendment or termination would apply to such Series amending or terminating this Agreement but not to the other Series of the FundTrust. This Agreement may not be assigned by the Custodian without the consent of the FundTrust, authorized or approved by a resolution of its Board of DirectorsTrustees.

DURATION, TERMINATION AND AMENDMENT OF AGREEMENT. This Agreement shall remain in effect with respect to each Serieseffect, as it may from time to time be amended, until it shall have been terminated as hereinafter provided, but no such amendment alteration or termination shall affect or impair any rights or liabilities arising out of any acts or omissions to act occurring prior to such amendment or termination. The Custodian may terminate this Agreement by giving the Fund ninety (90) days' written notice of such termination by registered mail addressed to the Fund at its principal place of business. The Fund may terminate this Agreement by giving ninety (90) days' written notice thereof delivered delivered, together with a copy of the resolution of the Board of Directors authorizing such termination and certified by the Secretary of the Fund, by registered mail to the Custodian at its principal place of business. Additionally, this Agreement may be terminated with respect to any Series of the Fund pursuant to the same procedures, in which case this Agreement shall continue in full effect with respect to all other Series of the Fund. Upon termination of this Agreement, the assets of the Fund, or Series thereof, Fund held by the Custodian shall be delivered by the Custodian to a successor custodian upon receipt by the Custodian of a Written Order from copy of the Fund resolution of the Board of Directors of the Fund, certified by the Secretary, designating the successor custodian; and if no . Upon any termination of this Agreement, pending the appointment of a successor custodian is designated in said Written Order from or a decision by the Fund to dissolve or to function without a custodian or a decision by the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver the cash, securities and other property of the Fund to the Fund, but may deliver them to a bank or trust company in the Cities of Minneapolis or St. Xxxx, Minnesota, of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report, of not less than five hundred thousand dollars ($500,000.00) . as a Custodian shallfor the Fund to be held under terms similar to those of this Agreement; provided, upon however, that Custodian shall not be required to make any such terminationdelivery or payment until full payment shall have been made by the Fund or Minnesota Mutual of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, deliver and until full payment shall have been made to Custodian of all such assets its fees, compensation, costs and expenses, subject to the Fundprovisions of Section 12 of this Agreement. This Agreement may be amended or terminated at any time to the mutual agreement of the Fund and the Custodian. Additionally, this Agreement may be amended or terminated with respect to any Series of the Fund at any time by the mutual agreement of the Fund and the Custodian, in which case such amendment or termination would apply to such Series amending or terminating this Agreement but not to the other Series of the Fund. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

DURATION, TERMINATION AND AMENDMENT OF AGREEMENT. This Agreement shall remain in effect with respect to each Series, as it may from time to time be amended, until it shall have been terminated as hereinafter provided, but no such amendment or termination shall affect or impair any rights or liabilities arising out of any acts or omissions to act occurring prior to such amendment or termination. The Custodian may terminate this Agreement by giving the Fund ninety days' written notice of such termination by registered mail addressed to the Fund at its principal place of business. The Fund may terminate this Agreement by giving ninety days' written notice thereof delivered by registered mail to the Custodian at its principal place of business. Additionally, this Agreement may be terminated with respect to any Series of the Fund pursuant to the same procedures, in which case this Agreement shall continue in full effect with respect to all other Series of the Fund. Upon termination of this Agreement, the assets of the Fund, or Series thereof, held by the Custodian shall be delivered by the Custodian to a successor custodian upon receipt by the Custodian of a Written Order from the Fund designating the successor custodian; and if no successor custodian is designated in said Written Order from the Fund, the Custodian shall, upon such termination, deliver all such assets to the Fund. This Agreement may be amended or terminated at any time to the mutual agreement of the Fund and the Custodian. Additionally, this Agreement may be amended or terminated with respect to any Series of the Fund at any time by the mutual agreement of the Fund and the Custodian, in which case such amendment or termination would apply to such Series amending or terminating this Agreement but not to the other Series of the Fund. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.