Exhibit 8(a)(5)
AMENDMENT TO THE CUSTODIAN CONTRACT
AGREEMENT made this 11th day of December, 1990 by and between STATE STREET
BANK AND TRUST COMPANY (the "Custodian") and XXXXXXX MUNICIPAL TRUST (the
"Fund").
WITNESSETH THAT:
WHEREAS, the Custodian and the Fund are parties to a Custodian Contract
dated March 17, 1980 (as amended to date, the "Contract") which governs the
terms and conditions under which the Custodian maintains custody of the
securities and other assets of the Fund:
NOW THEREFORE, the Custodian and the Fund hereby amend the terms of the
Custodian Contract and mutually agree to the following:
Insert as the final paragraph under Responsibility of Custodian:
If the Fund requires the Custodian to advance cash or securities for any
purpose or in the event that the Custodian or its nominee shall incur or be
assessed any taxes, charges, expenses, assessments, claims or liabilities
in connection with the performance of this Contract, except such as may
arise from its or its nominee's own negligent action, negligent failure to
act or willful misconduct, any property at any time held for the account of
the Fund shall be security therefor and should the Fund fail to repay the
Custodian promptly, the Custodian shall be entitled to utilize available
cash and to dispose of Fund assets to the extent necessary to obtain
reimbursement; provided, however, that (a) such reimbursement shall only
occur after written demand has been made upon the Fund, and (b) the amount
of each reimbursement shall not exceed any applicable investment
restriction of the Fund in effect at the time of reimbursement, including
the Fund's ability to pledge its assets (such pledges currently being
limited to 10% of gross assets).
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be
executed in its name and on its behalf by a duly authorized officer as of the
day and year first above written.
ATTEST: XXXXXXX MUNICIPAL TRUST
/s/ Xxxxxxx X. Xxxxx /s/ Xxxxx X. Xxx
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ATTEST: STATE STREET BANK AND TRUST COMPANY
/s/ [ILLEGIBLE] /s/ [ILLEGIBLE]
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