Common use of Termination or Assignment Clause in Contracts

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty (60) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at 00 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at 00 000 Xxxxx XxXxxxx Xxxxx Xxxxxx, XxxxxxxXxxxx 000X, Xxxxxxxx 00000 Xxxxxxxxxxx, Xxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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.

Termination or Assignment. This Agreement may be terminated by the FundCorporation, or by the Custodian, on sixty (60) days days' notice, given in writing and sent by registered mail to Custodian at X.X. P. O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Corporation at 00 000 Xxxxx XxXxxxx Xxxxx Xxxxxx, XxxxxxxXxxxxxxxx, Xxxxxxxx 00000 Xxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the any Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the such Fund to the FundCorporation, but may deliver them to a bank or trust company in the City of Milwaukee of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report report, of not less than Two Million Dollars ($2,000,000) as a custodian for the Fund Corporation to be held under terms similar to those of this Agreement, ; provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Corporation of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundCorporation, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty (60) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at 00 Xxxxx XxXxxxx W-2062 First National Bank Building, 000 Xxxxxxxxx Xxxxxx, XxxxxxxXx. Xxxx, Xxxxxxxx 00000 Minnesota 55101, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000Firstar Trust Company, 000 Xxxx Xxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Trust at 00 000 Xxxxx XxXxxxx Xxxxxx, XxxxxxxXxx Xxxx, Xxxxxxxx 00000 XX 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Series of the Trust to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty (60) days notice, given in writing and sent by registered mail to Custodian at X.X. P.O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or xx to the Fund at 00 Xxxxx XxXxxxx Granxx Xxxies Trust located at 126 Xxxx 00xx Xxxxxx, XxxxxxxXxx Xxxx, Xxxxxxxx X.X. 00000 as xx the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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 DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by the Custodian, on sixty ninety (6090) days days' notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Trust at 00 Xxxxx XxXxxxx Xxxxxxxx Xxxxxx, XxxxxxxXxxxxxxxx, Xxxxxxxx 00000 Xxxxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Trust to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars two million dollars ($2,000,000) as a custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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 DirectorsBoard.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, to: Firstar Trust Company 000 X. Xxxxxxxx Xx. Xxxxxxxxx, Xxxxxxxxx 00000, XX 00000 or to the Funds to: LKCM Fund at 00 Xxxxx XxXxxxx 000 Xxxxxxxx Xxxxxx, XxxxxxxXxxxx 0000 Xxxx Xxxxx, Xxxxxxxx XX 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx Wisxxxxxx 00000, or to the Fund xx xx xxx Xxxx xx Xxx Xxxxxxville Trust located at 00 Xxxxx XxXxxxx Xxxxxx1675 Broadway, XxxxxxxNew York, Xxxxxxxx 00000 as the case may beN.Y. 00000, xx xxx xxxx xxx xx. Upon any Xxxx xxy termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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 DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwxxxxx, Xxxxxxxxx 00000, or to the Fund xx xx xxx Xxxxxxx at 00 Xxxxx XxXxxxx Xxxxxx4901 NW 17th Way, XxxxxxxSxxxx 000, Xxxxxxxx 00000 as the case may beXxxx Xxxxxxxxxx, Xxxxxxx 00000, xx xxx xxxx xxx xe. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Company to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Company to the FundCompany, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report selection that meets the requirements of not less than Two Million Dollars ($2,000,000) the 1940 Act to act as a custodian Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by the Custodian, on sixty ninety (6090) days notice, prior to the two year anniversary given in writing and sent by registered mail to Custodian at X.X. Xxx 0000to: Firstar Mutual Fund Services, LLC 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx 00000, XX 00000 or to the Companies at: Jacob Internet Fund at 00 Xxxxx XxXxxxx Xxxxxx0000 Xxxxxxxx Xxx Xxxx, Xxxxxxx, Xxxxxxxx XX 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the FundCompany, but may deliver them to a bank or trust company Company companies of its own selection, selection having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Company at 00 Xxxxx XxXxxxx 000 Xxxxxxxx Xxxxxxx Xxxxxx, XxxxxxxXxxxx 000, Xxxxxxxx 00000 Xxxxxxxx, Xxxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities Securities and other property, the Custodian shall not deliver cash, securities Securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directorsthe Board.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by the Custodian, on sixty (60) days noticedays' notice or such shorter period as may be mutually agreed upon, given in writing and sent by registered mail mail, postage prepaid, to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Company at 00 Xxxxx XxXxxxx Xxxxxx, 000 Xxxxxxxx Xxxxxxx, Xxxxxxxx 00000 Xxxxxxxxx Xxxxx, Xxxxxxxxx, 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Company to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Company to the FundCompany, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Fifty Million Dollars ($2,000,00050,000,000) as a custodian Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directorsthe Board.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx Wisconxxx 00000, or to the Fund xx xx xxx Xxxx xx Xxxxxxx-Xxxxl Trust located at 00 Xxxxx XxXxxxx Xxxxxx1675 Broadway, XxxxxxxNew York, Xxxxxxxx 00000 as the case may beNew Yorx 00000, xx xxx xxxx xxx xx. Upon any termination Xxxx xxx xermination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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 DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundCorporation, or by the Custodian, on sixty (60) days days' notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Corporation at 00 000 Xxxx Xxxxx XxXxxxx Xxxxxx, XxxxxxxMilwaukee, Xxxxxxxx 00000 Wisconsin 53202, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Corporation to dissolve or to function without a custodian of its cash, securities and an other property, the Custodian shall not deliver cash, securities or other property of the Fund Corporation to the FundCorporation, but may deliver them to a bank or trust company in the City of Milwaukee of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian for the Fund Corporation to be held under terms similar to those of this Agreement, ; provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Corporation of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundCorporation, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at 00 Xxxxx XxXxxxx XxxxxxThe Tocqueville Trust located at 0000 Xxxxxxxx, XxxxxxxXxx Xxxx, Xxxxxxxx X.X. 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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 DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty (60) days days' notice, given in writing and sent by registered mail to Custodian the Custodian, at X.X. Xxx 0000First Trust Company, XxxxxxxxxFirst Trust Center, Xxxxxxxxx 00000000 Xxxx 0xx Xxxxxx, Xxxxx Xxxx, Minnesota, 55101, or to the Fund at 00 000-000 Xxxxx XxXxxxx Xxxxxxxxx Xxxxxx, XxxxxxxXxx Xxx, Xxxxxxxx 00000 Xxxxxxxxx, 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company in the City of Minneapolis of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars two million dollars ($2,000,000) as a custodian for the Fund to be held under terms similar to those of this Agreement, ; provided, however, that the Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section Sec. 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution resolutions of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by the Custodian, on sixty ninety (6090) days days' notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx 00000, or to the Fund at xx xx xxx Xxxxx xx 00 Xxxxx XxXxxxx XxxxxxXxilroad Avenue, XxxxxxxGreexxxxx, Xxxxxxxx 00000 as the case may beXxxxxxxxxxx 00000, xx xxx xxxx xxx xx. Upon Xxxn any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Trust to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars two million dollars ($2,000,000) as a custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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 DirectorsBoard.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. P.O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or xx to the Fund Trust at 00 800 Xxxx Xxxxx XxXxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, Xxxxxxxx 00000 as Xxxxxxxxxx 00000, xx the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Trust to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at 00 Xxxxx XxXxxxx 000 Xxxxxx Xxxxxx Xxxxx, 000 Xxxxxxxxxxxxx Xxxxxx, XxxxxxxXxxxxxxxxxx, Xxxxxxxx 00000 Xxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, ; provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Funds at 00 Xxxxx XxXxxxx Xxxxxx000 Xxxx Xxx Xxxx, XxxxxxxXxxxxxxxxxxx, Xxxxxxxx 00000 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, the . Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, to: Firstar Trust Company Attn.: Mutual Fund Services 615 East Michixxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx 00000XX 00000 xx xx xxx Xxmpany at: Kopp Investmenx Xxvisors Attn.: Kathleen S. Tixxxxxxx, or to the Fund at 00 Xxx. 7701 France Avxxxx Xxxxx, Xxxxx XxXxxxx Xxxxxx000 Xxxxx, Xxxxxxx, Xxxxxxxx XX 00000 as the case xx xxx xxxe may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the FundCompany, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report selection that meets the requirements of not less than Two Million Dollars ($2,000,000) the 1940 Act as a custodian Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundCorporation, or by the Custodian, on sixty (60) days days' notice, given in writing and sent by registered mail to Custodian at X.X. P. O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Corporation at 00 000 Xxxxx XxXxxxx Xx Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Corporation to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Corporation to the FundCorporation, but may deliver them to a bank or trust company in the City of Milwaukee of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund Corporation to be held under terms similar to those of this Agreement, ; provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Corporation of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundCorporation, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by the Custodian, on sixty (60) days notice, given in writing and sent by registered mail to Custodian at X.X. P.O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or xx to the Fund Funds at 00 Xxxxx XxXxxxx XxxxxxP.O. Xxx 0000, XxxxxxxXx. Xxxxx, Xxxxxxxx 00000 as Xxxxxxxxx 00000, xx the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at 00 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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 DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundCorporation, or by the Custodian, on sixty (60) days days' notice, given in writing and sent by registered mail to Custodian at X.X. 0 Xxxx 00xx Xxxxxx, Xxx 0000Xxxx, Xxxxxxxxx, Xxxxxxxxx 00000, Xxx Xxxx 00000 or to the Fund Corporation at 00 Xxxxx XxXxxxx 000 Xxxx 00xx Xxxxxx, XxxxxxxXxxxx 0000, Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Corporation to dissolve or to function without a custodian Custodian of its cash, securities and other property, the Custodian shall not deliver retain all cash, securities or other property of the Fund to Corporation until further advised by the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian for the Fund to be held under terms similar to those of this Agreement, Corporation in writing; provided, however, that Custodian shall not be required to make any delivery of such delivery property to a successor custodian or payment to the Corporation until full payment shall have been made by the Fund Corporation of all liabilities constituting a charge on or against the properties then held by the Custodian Custodian, or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section Sec. 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundCorporation, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by the Custodian, on sixty ninety (6090) days noticenotice prior to the two year anniversary, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000Firstar Trust Company, 000 Xxxx Xxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Company at 00 Xxxxx XxXxxxx Xxxxxx0000 Xxxxxxxx, XxxxxxxXxx Xxxx, Xxxxxxxx 00000 XX 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Series of the Company to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Company to the FundCompany, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Funds at The XXXXXXX TRUST located at 00 Xxxxx XxXxxxx XxxxxxXxxxxxxx, XxxxxxxXxx Xxxx, Xxxxxxxx X.X. 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by the Custodian, on sixty ninety (6090) days days' notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Funds at 00 Xxxxx XxXxxxx XxxxxxThe Tocqueville Trust located at 0000 Xxxxxxxx, XxxxxxxXxx Xxxx, Xxxxxxxx X.X. 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty (60) days days' notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island, Third Floor, 00 Xxxx Xxx Xxxxxxx Xxxxx XxXxxxx XxxxxxBoulevard, XxxxxxxLarkspur, Xxxxxxxx 00000 California 94939, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company in the City of Milwaukee of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, ; provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Oxx Xxxxxxx Xxxx Xxxxx, Xxx 0000Xxxx, Xxxxxxxxx, Xxxxxxxxx Xxx Xxxx 00000, or to the Fund at 00 1000 Xxxxx XxXxxxx XxxxxxXxxxx Xxxx, XxxxxxxXxxxx 0000, Xxxxxxxxx, Xxxxxxxx 00000 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty (60) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at 00 The Internet Fund/Kinetics Asset Management, Inc., 000 Xxx Xxxxx XxXxxxx Xxxxxx, Xxxxxx Xxxxx Xxxxxxx, Xxxxxxxx XX 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, ; provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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 Of Directors.

Termination or Assignment. This Agreement may be terminated by the FundCorporation, or by the Custodian, on sixty (60) days days' notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000P.O. Box _____, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Corporation at 00 Xxxxx XxXxxxx Xxxxxx000 Xxxx Xxxxxx Xxxxx, XxxxxxxChicago, Xxxxxxxx 00000 Illinois 60606, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Corporation to dissolve or to function without a custodian Custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Corporation to the FundCorporation, but may deliver them to a bank or trust company in the City of Milwaukee of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars two million dollars ($2,000,000) as a custodian Custodian for the Fund Corporation to be held under terms similar to those of this Agreement, ; provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Corporation of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at 00 Xxxxx XxXxxxx XxxxxxLepercq-Istel Trust located at 0000 Xxxxxxxx, XxxxxxxXxx Xxxx, Xxxxxxxx 00000 Xxx Xxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery 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 the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. 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 DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Trust on behalf of the Fund, or by the Custodian, on sixty at least ninety (6090) days days' notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Trust at 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, XX 00000, or by facsimile transmission to Custodian at ___________ or to the Fund at 00 Xxxxx XxXxxxx Xxxxxx(000) 000-0000, Xxxxxxx, Xxxxxxxx 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) and qualified to act as a custodian Custodian of the Fund under Section 17 of the Investment Company Act of 1940 and the rules promulgated thereunder as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Trust on behalf of the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the Trust on behalf of the Fund, authorized or approved by a resolution of its the Trust's Board of DirectorsTrustees.