Claymore Exchange-Traded Fund Trust Sample Contracts

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CLAYMORE EXCHANGE-TRADED FUND TRUST AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST DATED AS OF AUGUST 15, 2006 TABLE OF CONTENTS
Agreement and Declaration of Trust • September 15th, 2006 • Claymore Exchange-Traded Fund Trust • Delaware
ARTICLE I DEFINITIONS
Custody Agreement • September 15th, 2006 • Claymore Exchange-Traded Fund Trust • New York
INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • November 21st, 2017 • PowerShares Exchange-Traded Self-Indexed Fund Trust • Illinois

Investment Advisory Agreement (“Agreement”) made as of [ ] between POWERSHARES EXCHANGE-TRADED SELF-INDEXED FUND TRUST, a Delaware statutory trust (“Trust”), and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (“Invesco PowerShares Capital Management” or the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”).

CERTIFICATE OF AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF CLAYMORE EXCHANGE-TRADED FUND TRUST
Amended and Restated Agreement and Declaration of Trust • December 29th, 2015 • Claymore Exchange-Traded Fund Trust

WHEREAS, this amendment to the Amended and Restated Agreement and Declaration of Trust, dated August 15, 2006 (the “Declaration of Trust”), of Claymore Exchange-Traded Fund Trust, a Delaware statutory trust (the “Trust”), has been approved by at least 80% of the Trustees of the Trust and by a Majority Shareholder Vote (as defined in the Declaration of Trust), in accordance with Section 12.3(b) thereof:

SUBLICENSE AGREEMENT
Sublicense Agreement • December 28th, 2016 • Claymore Exchange-Traded Fund Trust • Delaware

This Sublicense Agreement (the “Agreement”) is made as of October 24, 2016, by and between Guggenheim Funds Investment Advisors, LLC, a limited liability company with offices at 227 W. Monroe Street, Chicago, IL 60606 (“Guggenheim”) and Claymore Exchange-Traded Fund Trust, a Delaware statutory trust, with offices at 227 W. Monroe Street, Chicago, IL 60606 (the “Trust” and together with Guggenheim, the “Parties”).

SUBLICENSE AGREEMENT
Sublicense Agreement • September 28th, 2016 • Claymore Exchange-Traded Fund Trust • New York

This Sublicense Agreement (the “Agreement”) is entered into as of May 10, 2010, by and between Claymore Advisors, LLC, a Delaware limited liability company with offices at 2455 Corporate West Drive, Lisle, IL 60532 (the “Adviser”), and Claymore Exchange-Traded Fund Trust (the “Licensee”).

JOINT INSUREDS AGREEMENT
Joint Insureds Agreement • June 29th, 2007 • Claymore Exchange-Traded Fund Trust

THIS AGREEMENT is made effective as of the 23 day of March, 2007, by and between CLAYMORE TRUST, a Delaware statutory trust, on behalf of each of its series now or hereafter existing, CLAYMORE EXCHANGE-TRADED FUND TRUST, a Delaware statutory trust, on behalf of each of its series now or hereafter existing (the “ETF Trust”) and CLAYMORE EXCHANGE-TRADED FUND TRUST 2 (the “ETF2 Trust”), on behalf of each of its series now or hereafter existing (the respective series of Claymore Trust, ETF Trust and ETF2 Trust are collectively referred to herein as the “Funds” or singularly as a “Fund” and Claymore Trust, the ETF Trust, the ETF2 Trust are collectively referred to herein as the “Trusts” or singularly as a “Trust”).

Amended and Restated Agreement and Declaration of Trust Dated as of May 18, 2016
Agreement and Declaration of Trust • September 28th, 2016 • Claymore Exchange-Traded Fund Trust • Delaware

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made as of the 18th day of May, 2016, by the Trustees hereunder, and by the holders of shares of beneficial interest issued hereunder as hereinafter provided.

AMENDMENT TO THE EXPENSE REIMBURSEMENT AGREEMENT
Expense Reimbursement Agreement • October 21st, 2016 • Claymore Exchange-Traded Fund Trust

This Amendment, dated as of August 17, 2016 (the “Amendment”), to the Expense Reimbursement Agreement, dated as of August 16, 2006 (the “Agreement”) by and between Guggenheim Funds Investment Advisors, LLC (formerly known as Claymore Advisors, LLC) (the “Advisor”) and Claymore Exchange-Traded Fund Trust (the “Trust”).

AMENDMENT TO FUND ADMINISTRATION AGREEMENT
Fund Administration Agreement • October 21st, 2016 • Claymore Exchange-Traded Fund Trust

This AMENDMENT (this “Amendment”) is made and entered into, as of this 27th day of July, 2016, by and between Rydex Fund Services, LLC (“RFS”) and each of Claymore Exchange-Traded Funds Trust and Claymore Exchange-Traded Funds Trust 2 (each a “Trust” and collectively, the “Trusts”).

JOINT INSUREDS AGREEMENT
Joint Insureds Agreement • November 23rd, 2007 • Claymore Exchange-Traded Fund Trust

THIS AGREEMENT is made effective as of the 7 day of November, 2007, by and between CLAYMORE TRUST, a Delaware statutory trust, on behalf of each of its series now or hereafter existing, CLAYMORE EXCHANGE-TRADED FUND TRUST, a Delaware statutory trust, on behalf of each of its series now or hereafter existing (the “ETF Trust”) and CLAYMORE EXCHANGE-TRADED FUND TRUST 2 (the “ETF2 Trust”), on behalf of each of its series now or hereafter existing (the respective series of Claymore Trust, ETF Trust and ETF2 Trust are collectively referred to herein as the “Funds” or singularly as a “Fund” and Claymore Trust, the ETF Trust, the ETF2 Trust are collectively referred to herein as the “Trusts” or singularly as a “Trust”).

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COMPLIANCE SUPPORT SERVICES ADDENDUM TO FUND ACCOUNTING AGREEMENT
Compliance Support Services Addendum • July 15th, 2013 • Claymore Exchange-Traded Fund Trust

This Compliance Support Services Addendum by and between each trust listed on Exhibit 2 attached hereto (the “Fund”) and THE BANK OF NEW YORK MELLON (“BNY Mellon”), effective as of the date of the relevant Fund Accounting Agreement entered into by and between the same parties.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • November 21st, 2017 • PowerShares Exchange-Traded Self-Indexed Fund Trust

Excess Expense Agreement dated as of [ ] between POWERSHARES EXCHANGE-TRADED SELF-INDEXED FUND TRUST, a Delaware statutory trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

DISTRIBUTION AGREEMENT
Distribution Agreement • September 28th, 2016 • Claymore Exchange-Traded Fund Trust • New York

DISTRIBUTION AGREEMENT (the “Agreement”) made as of August 16, 2006, by and between Claymore Securities, Inc., a Kansas corporation (the “Distributor”), and Claymore Exchange-Traded Fund Trust, a Delaware statutory trust (the “Trust”) organized under the laws of the State of Delaware, and The Bank of New York as custodian of the Trust (the “Custodian” and “Transfer Agent”).

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • November 21st, 2017 • PowerShares Exchange-Traded Self-Indexed Fund Trust • Illinois

Investment Advisory Agreement made as of [ ] between POWERSHARES SELF-INDEXED EXCHANGE-TRADED FUND TRUST, a Delaware statutory trust (“Trust”), and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (“PowerShares Capital Management”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”).

FUND ADMINISTRATION AGREEMENT
Fund Administration Agreement • July 15th, 2013 • Claymore Exchange-Traded Fund Trust • Delaware

AGREEMENT made as of this 14th day of May, 2013, by and between each open-end registered investment company listed on Schedule A hereto (as amended from time to time), (each individually referred to below as a “Trust”) and Rydex Fund Services, LLC (“RFS” or the “Administrator”), a Maryland limited liability company having its principal place of business at 805 King Farm Boulevard, Rockville, MD 20850.

INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • December 29th, 2014 • Claymore Exchange-Traded Fund Trust • Delaware

THIS INVESTMENT SUB-ADVISORY AGREEMENT (the “Agreement”) dated as of December 1, 2014, among Claymore Exchange-Traded Fund Trust, a Delaware statutory trust (the “Trust”), Guggenheim Funds Investment Advisors, LLC, a Delaware limited liability company (the “Investment Adviser”), and Guggenheim Partners Investment Management, LLC, a Delaware limited liability company (the “Investment Sub-Adviser”).

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