Exhibit 99.B(H)(3)
Interim Accounting Agreement
for certain Funds of
XXXXX FARGO VARIABLE TRUST
This agreement is made as of this 20th day of September, 1999 (the
"Agreement"), by and between Xxxxx Fargo Variable Trust (the "Trust") on behalf
of the Funds listed in Appendix A and Xxxxx Fargo Bank, N.A. (the "interim Fund
Accountant").
WHEREAS, the Trust has approved a final Accounting Agreement with Forum
Financial Accounting Services, LLC ("Forum") to provide accounting services to
some of the Funds of the Trust from September 20, 1999 and for each Fund by the
target conversion dates listed in Appendix A, and the Trust needs an interim
Fund Accountant for the Funds listed in Appendix A.
NOW THEREFORE, in consideration of the promises and of the mutual
agreements contained herein, the parties agree as follows:
1. Appointment of Xxxxx Fargo as Interim Fund Accountant
The Trust on behalf of the Funds listed in Appendix A hereby appoints Xxxxx
Fargo Bank to act as Interim Fund Accountant.
2. Duties of the Interim Fund Accountant
As Interim Fund Accountant, Xxxxx Fargo Bank agrees to perform the
following services for the funds listed in Appendix A:
(a) Maintain Fund general ledger and journal.
(b) Prepare and record disbursements for direct Fund expenses.
(c) Prepare daily money transfers.
(d) Reconcile all Fund bank and custodian accounts.
(e) Assist Fund independent auditors as appropriate.
(f) Prepare daily projection of available cash balances.
(g) Record trading activity for purposes of determining net asset values
and daily dividend.
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(h) Prepare daily portfolio evaluation report to value portfolio
Securities and determine daily accrued income.
(i) Determine the daily net asset value per share.
(j) Determine the daily dividend per share.
(k) Prepare monthly, quarterly, semi-annual and annual financial
statements.
(l) Provide financial information for reports to the Securities and
Exchange Commission in compliance with the provisions of the
Investment Company Act of 1940 and the Securities Act of 1933, the
Internal Revenue Service and any other regulatory or governmental
agencies as required.
(m) Provide financial, yield, net asset value, etc., information to
National Association of Securities Dealers, Inc., and other survey and
statistical agencies as instructed from time to time by a Fund.
3. Fees
For providing the services in Section 2, the Interim Fund Accountant will
be entitled to receive the fees listed in Appendix B, such fees to be paid
monthly.
4. Duration of the Agreement
This Interim Accounting Agreement shall terminate for each Fund when Forum
Financial Accounting Services, LLC begins providing accounting services to a
covered Fund pursuant to the final Accounting Agreement between the Trust and
Forum. In no event shall this Interim Accounting Agreement continue in effect
for any Fund beyond the date of September 20, 2000, unless specifically approved
by the Board.
5. Modification of this Agreement
This Agreement may not be amended or modified in any manner except by a
written agreement executed by both parties to this Agreement and approved by a
resolution of the Board of Trustees.
6. Governing Law
This Agreement shall be construed in accordance with the laws of the State
of California without giving effect to the choice of law provisions thereof.
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XXXXX FARGO VARIABLE TRUST
on behalf of the Funds
By: /s/ Xxxxxxx X. Xxxxx, Xx.
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Xxxxxxx X. Xxxxx, Xx.
Assistant Secretary
XXXXX FARGO BANK, N.A.
on behalf of the Interim Fund Accountant
By: /s/ Xxxxxxx X. Xxxxx
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Xxxxxxx X. Xxxxx
Executive Vice President
By: /s/ Xxxxx Xxxxxxx
--------------------------
Xxxxx Xxxxxxx
Vice President
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Appendix A
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Interim Fund Conversion Target
Variable Trust Funds Accountant Date
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Asset Allocation Fund Xxxxx Fargo 3/1/2000
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Equity Value Fund Xxxxx Fargo 3/1/2000
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Growth Fund Xxxxx Fargo 3/1/2000
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Money Market Fund Xxxxx Fargo 3/1/2000
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International Equity Fund Xxxxx Fargo 4/1/2000
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Appendix B
Fees and Expenses
as of September 20, 1999
(i) Fees
(A) Per Fund Fees
(i) Fee per Fund $5,000/month
Fee per Fund not listed on Appendix A as of
September 17, 1999
International/Global Funds and Funds with
10% or more of month-end net assets invested in
asset-backed securities $5,833/month
Other Funds $4,167/month
(ii) Fee per Gateway Fund (a Fund operating pursuant
to Section 12(d)(1)(E) or 12(d)(1)(G) of the 1940 Act
or in a similar structure) $2,000/month
(iii) Fee per Core Portfolio (a Fund registered under the
1940 Act but whose securities are not registered
under the Securities Act of 1933) $5,500/month
Fee per Core Portfolio not listed on Appendix A as of
September 17, 1999
International/Global Core Portfolios and Core
Portfolios with 10% or more of month-end net
assets invested in asset-backed securities $6,333/month
Other Core Portfolios $4,667/month
(iv) Fee for each additional Class of any Fund above one $1,000/month
(B) Basis Point Fees
0.0025% of the average annual daily net assets of each Fund (excluding the
net assets of a Fund that are invested in a Core Portfolio (i) which pays
Xxxxx Fargo a similar fee and (ii) that the Administrator or an a affiliate
of the Administrator is the investment adviser or a majority of the
interests of which are owned by mutual funds advised by the Administrator
or an affiliate of the Administrator).
(ii) Out-Of-Pocket and Related Expenses
The Trust, on behalf of the applicable Fund, shall reimburse Xxxxx Fargo for all
out-of-pocket and ancillary expenses reasonably incurred in providing the
services described in the Fund Accounting Agreement, including but not limited
to the cost of (or appropriate share of the cost of): (i) pricing, paydown,
corporate action, credit and other reporting services (but only
to the extent that the Trust requests that Xxxxx Fargo use more than one
reporting service with respect to a service), (ii) taxes, (iii) postage and
delivery services, (iv) communications services, (v) electronic or facsimile
transmission services, (vi) reproduction, (vii) printing and distributing
financial statements, (viii) microfilm, microfiche and other storage medium and
(ix) Trust record storage and retention fees. In addition, any other expenses
incurred by Xxxxx Fargo at the request or with the consent of the Trust, will be
reimbursed by the Trust on behalf of the applicable Fund.
