Davis Fundamental ETF Trust Sample Contracts

FIRST AMENDED AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • August 11th, 2016 • Davis Fundamental ETF Trust • Delaware

THIS DECLARATION OF TRUST of Davis Fundamental ETF Trust, a Delaware statutory trust, is made as of March 17, 2016, by the undersigned Trustee.

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TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • October 6th, 2016 • Davis Fundamental ETF Trust • Massachusetts

THIS AGREEMENT is made as of the 5th day of October, 2016, by and between STATE STREET BANK AND TRUST COMPANY, Massachusetts trust company having its principal office and place of business at One Lincoln Street, Boston, Massachusetts 02111 ("State Street" or the "Transfer Agent"), and DAVIS FUNDAMENTAL ETF TRUST, a Delaware business trust having its principal office and place of business at 2949 E. Elvira Road, Suite 101, Tucson, Arizona, 85756 (the "Trust").

ETF DISTRIBUTION AGREEMENT
Distribution Agreement • October 6th, 2016 • Davis Fundamental ETF Trust • Delaware

This Distribution Agreement (the "Agreement") is made this 5th day of October 2016, by and between Davis Fundamental ETF Trust, a Delaware statutory trust (the "Trust") having its principal place of business at 2949 E. Elvira Road, Suite 101, Tucson, Arizona 85756, and Foreside Fund Services, LLC, a Delaware limited liability company (the "Distributor") having its principal place of business at Three Canal Plaza, Suite 100, Portland, Maine 04101.

AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • January 9th, 2017 • Davis Fundamental ETF Trust • New York

This Authorized Participant Agreement (the "Agreement") is entered into by and between Foreside Fund Services, LLC (the "Distributor") and XX (the "Participant") and is subject to acceptance by State Street Bank and Trust Company (the "Transfer Agent"), and is further subject to acknowledgement and agreement by Davis Fundamental ETF Trust (the "Trust"), a series trust offering a number of portfolios of securities (each a "Fund" and collectively the "Funds"), solely with respect to Sections 13(c) and 20 herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time, and included in the Trust's Registration Statement on Form N-1A, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission ("SEC") (together with such Fund's Statement of Additional Information incorporated therein, the "Prospectus").

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • February 27th, 2018 • Davis Fundamental ETF Trust • Delaware

This INVESTMENT ADVISORY AGREEMENT (this "Agreement") is made as of the 4th day of October, 2016, by and between Davis Fundamental ETF Trust, an open-end management investment company organized as a statutory trust under the laws of the State of Delaware (the "Trust"), and Davis Selected Advisers, L.P. ("DSA", serving as adviser), a Colorado limited partnership, and Davis Selected Advisers-NY, Inc. ("DSA-NY", serving as sub-adviser), a Delaware corporation.

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