Exhibit (h)(4)
AMENDMENT NO. 1 TO
AGENCY AGREEMENT
This Amendment No. 1 to the Agency Agreement (the "Agreement") dated as
of April 16, 1998, by and between Value Fund, a series of Value Equity Trust
(formerly known as Xxxxxxx Equity Trust), a Massachusetts business trust, and
Xxxxxx Service Company, a Delaware Corporation, is made as of September 14,
1999.
Pursuant to Section 24.B. of the Agreement, the Agreement is hereby
amended by adding a new Section 5.C. to read as follows:
"C. Service Company shall be contractually bound hereunder by the terms
of any publicly announced fee cap or waiver of its fee or by the terms of any
written document provided to the Board of Trustees of the Fund announcing a fee
cap or waiver of its fee, or any limitation of the Fund's expenses, as if such
fee cap, fee waiver or expense limitation were fully set forth herein"
Except as provided herein, the terms and provisions of the Agreement
shall remain in full force and effect without amendment.
Executed under seal this 30th day of September, 1999.
VALUE EQUITY TRUST,
on behalf of Value Fund ATTEST:
By: /s/Xxxx X. Xxxxxxxx /s/Xxxx Xxxxxxxx
--------------------------------- ---------------------------------
Xxxx X. Xxxxxxxx Title: Secretary
President
XXXXXX SERVICE COMPANY ATTEST:
By: /s/Xxxxxxx X. Xxxxxx /s/illegible
--------------------------------- ---------------------------------
Xxxxxxx X. Xxxxxx Title: Asst. Secretary
Vice President
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