FORM OF SIXTH AMENDMENT TO CUSTODIAN AGREEMENT
FORM
OF SIXTH AMENDMENT TO CUSTODIAN AGREEMENT
THIS
SIXTH AMENDMENT TO CUSTODIAN AGREEMENT (the "Amendment") is made and
entered into as of December 17, 2007 by and among
XXXXXXX INVESTMENT TRUST ("Client"), a Delaware
Business Trust,
and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust
company ("State Street").
WITNESSETH:
WHEREAS,
Client and Investor’s Bank and Trust Company are parties to that certain
Custodian Agreement dated as of February 7, 1995, and amended thereafter
(the
"Agreement"); and
WHEREAS,
Investor’s Bank and Trust Company has been succeeded in interest by State
Street; and
WHEREAS,
Client and State Street desire to amend and supplement the Agreement upon
the
following terms and conditions.
NOW
THEREFORE, for and in consideration of the mutual promises contained
herein and other good and valuable consideration, the receipt and sufficiency
of
which are hereby acknowledged, Client and State Street hereby agree that
the
Agreement is amended and supplemented as follows:
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1.
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Appendix
A shall be replaced in its entirety by the Appendix A dated December
17,
2007 attached hereto and incorporated herein by this
reference.
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2.
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General
Provisions. This Amendment will at all times and in all
respects be construed, interpreted, and governed by the laws of
The
Commonwealth of Massachusetts, without giving effect to the conflict
of
laws provisions thereof. This Amendment may be executed in any
number of counterparts, each constituting an original and all considered
one and the same agreement. This Amendment is intended to
modify and amend the Agreement and the terms of this Amendment
and the
Agreement are to be construed to be cumulative and not exclusive
of each
other. Except as provided herein, the Agreement is hereby
ratified and confirmed and remains in full force and
effect.
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IN
WITNESS WHEREOF, the parties have caused this Amendment to be executed
by their duly authorized officers to be effective as of the date first above
written.
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STATE
STREET BANK AND TRUST
COMPANY
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XXXXXXX INVESTMENT TRUST |
| By: | By: |
| Name, Title: | Name, Title: |
Appendix
A
Portfolios
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·
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Xxxxxxx
Institutional International Equity
Fund
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·
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Xxxxxxx
Separately Managed Account Reserve
Trust
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·
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Xxxxxxx
Institutional Core Plus Fixed Income
Fund
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·
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Xxxxxxx
Institutional Enhanced Income
Fund
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