AMENDMENT TO AMENDED AND RESTATED AGENCY SERVICES AGREEMENT
Exhibit (h)(3)(a)
AMENDMENT TO AMENDED AND RESTATED
THIS AMENDMENT (this “Amendment”) to the Amended and Restated AGENCY SERVICES AGREEMENT dated June 8, 2021, as amended and supplemented from time to time (the “Agreement”) between Janus Detroit Street Trust (“Customer”), Janus Capital Management LLC as investment manager of Customer to the extent specified in the Agreement (“Manager”), and JPMorgan Chase Bank, N.A. (“X.X. Xxxxxx”) is made and effective as of August 9, 2021 by the same parties.
WHEREAS, Customer, Manager, and X.X. Xxxxxx entered into the Agreement pursuant to which X.X. Xxxxxx was appointed to provide certain services, and the parties to the Agreement now wish to amend Exhibit A – List of ETF Series of the Agreement.
NOW, THEREFORE in consideration of the mutual agreements contained herein, Customer, Manager, and X.X. Xxxxxx agree as follows:
| 1. | Terms defined in the Agreement shall, save to the extent that the context otherwise requires, bear the same respective meanings in this Amendment. |
| 2. | Exhibit A – List of ETF Series of the Agreement is hereby deleted in its entirety and replaced with the updated and revised Exhibit A – List of ETF Series attached hereto. |
| 3. | Except as specifically amended hereby, the Agreement shall remain in full force and effect in accordance with its terms. |
| 4. | Each party represents to the other parties that all representations contained in the Agreement are true and accurate as of the date of this Amendment, and that such representations are deemed to be given or repeated by each party, as the case may be, on the date of this Amendment. |
This Amendment may be executed in two or more counterparts, each of which when so executed and delivered shall be an original, but all of which together shall constitute one and the same instrument. This Amendment supersedes all prior agreements and understandings relating to the subject matter hereof. References to the Agreement shall be to the Agreement as amended by this Amendment.
THIS AMENDMENT WILL BE CONSTRUED, REGULATED, AND ADMINISTERED UNDER THE LAWS OF THE UNITED STATES OR STATE OF NEW YORK, AS APPLICABLE, WITHOUT REGARD TO NEW YORK’S PRINCIPLES REGARDING CONFLICT OF LAWS, EXCEPT THAT THE FOREGOING SHALL NOT REDUCE ANY STATUTORY RIGHT TO CHOOSE NEW YORK LAW OR FORUM.
[signature page follows]
IN WITNESS WHEREOF, Customer, Manager, and X.X. Xxxxxx have caused their names to be signed by their respective officers thereunto duly authorized, in each case, as of the date stated above.
| JANUS DETROIT STREET TRUST |
| By: /s/ Xxxxxx Xxxxxxxx |
| Name: Xxxxxx Xxxxxxxx |
| Title: Chief Financial Officer and Treasurer |
| JANUS CAPITAL MANAGEMENT LLC |
| By: /s/ Xxxxxx X’Xxxxx |
| Name: Xxxxxx X’Xxxxx |
| Title: Global Head of Client Operations |
| JPMORGAN CHASE BANK, N.A. |
| By: /s/ Xxxxxx Xxxxx |
| Name: Xxxxxx Xxxxx |
| Title: Vice President |
Amendment to Amended & Restated Agency Services Agreement
Exhibit A – List of ETF Series
Xxxxx Xxxxxxxxx AAA CLO ETF
Xxxxx Xxxxxxxxx International Sustainable Equity ETF
Xxxxx Xxxxxxxxx Mortgage-Backed Securities ETF
Xxxxx Xxxxxxxxx Net Zero Transition Resources ETF
Xxxxx Xxxxxxxxx Short Duration Income ETF
Xxxxx Xxxxxxxxx Small Cap Growth Alpha ETF
Xxxxx Xxxxxxxxx Small/Mid Cap Growth Alpha ETF
Xxxxx Xxxxxxxxx Sustainable & Impact Core Bond ETF
Xxxxx Xxxxxxxxx Sustainable Corporate Bond ETF
Xxxxx Xxxxxxxxx U.S. Real Estate ETF
Xxxxx Xxxxxxxxx US Sustainable Equity ETF
The Long-Term Care ETF
Amendment to Amended & Restated Agency Services Agreement
