AMENDMENT TO
MUTUAL FUND CUSTODY AND SERVICES AGREEMENT
This Amendment dated the 23rd day of February, 2007 to the Mutual Fund
Custody and Services Agreement effective as of June 6, 2001 (the "Agreement") by
and between Xxxxxx Xxxxxx Fund Inc. (the "Company") on behalf of its Xxxxxx
Xxxxxx Global Value Fund and Xxxxxx Xxxxxx American Value Fund (individually a
"Fund" and collectively the "Funds") and Boston Safe Deposit and Trust Company
(now known as Mellon Trust of New England, N.A.) (the "Custodian").
WHEREAS, the Company and the Custodian have entered previously into the
Agreement; and
WHEREAS, pursuant to Article IV, Section 10(d) of the Agreement, the
Company and the Custodian wish to amend the Agreement to reflect the addition of
a new Fund and the name change of Boston Safe Deposit and Trust Company.
NOW THEREFORE, the parties hereto agree to amend the Agreement as follows:
1. The first paragraph of the Agreement is hereby amended to read as
follows:
"This Agreement is effective as of June 6, 2001, and is between
XXXXXX XXXXXX FUND INC. (the "Company") on behalf of the funds listed on
Appendix E attached hereto, (which Appendix may be updated and
substituted from time to time by agreement of the parties) (each
individually a "Fund" and collectively the "Funds"), a corporation
organized under the laws of the State of Maryland having its principal
office and place of business at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000 and
MELLON TRUST OF NEW ENGLAND, N.A. (the "Custodian"), a national banking
association with its principal place of business at Xxx Xxxxxx Xxxxx,
Xxxxxx, XX 00000."
2. Except as specifically amended hereby, the Agreement shall remain in
full force and effect in accordance with its terms.
3. Capitalized terms not specifically defined herein shall have the same
meaning ascribed to them under the Agreement.
4. The Company and the Custodian each hereby represents and warrants to the
other that it has full authority to enter into this Amendment upon the
terms and conditions hereof and that the individual executing this
Amendment on its behalf has the requisite authority to bind the Company
or the Custodian, as the case may be, to this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed on the date set forth above.
XXXXXX XXXXXX FUND, INC., on behalf of MELLON TRUST OF NEW ENGLAND, N.A.
the Fundslisted on Appendix E
attached hereto
By: /s/ X. X. Xxxxxxxxxxx By: /s/ Xxxxx Xxxxxxx
_____________________ _________________
Name: X. X. Xxxxxxxxxxx Name: Xxxxx Xxxxxxx
_________________ _____________
Title: VP & COO Title: V.P.
________ ____
Date: 2/23/07 Date: 2/22/07
_______ _______
APPENDIX E
List of Funds
_____________
Xxxxxx Xxxxxx Global Value Fund
Xxxxxx Xxxxxx Value Fund
Xxxxxx Xxxxxx Worldwide High Dividend Yield Value Fund
