Exhibit (h)(3)
March 15, 2004
Each Registered Management Investment Company
Party to the Agreement (as such term is defined below)
c/o Calamos Asset Management, Inc.
0000 Xxxx Xxxxxxxxxxx Xxxx
Xxxxxxxxxx, XX 00000-0000
Ladies and Gentlemen:
Reference is made to the Mister Services Agreement by and among State Street
Bank and Trust Company and each Fund party thereto dated as of March l5, 2004
(as amended, restated, modified or supplemented from time to time, the
"Agreement"). All capitalized terms used but not defined herein shall have the
meanings defined in the Agreement.
Pursuant to Section 3 of the Agreement, the Agent's cumulative liability for
each calendar year. with respect to the Funds under the Agreement, regardless of
the form of action or legal theory, shall be limited to actual or direct damage
up to the greater of (i) one (1) times its total' compensation earned and fees
payable under the Agreement during the calendar year (or annualized period)
preceding the event giving liability or (ii) Five Million Dollars ($5,000,000).
Each Fund agrees that it shall keep the provisions of this letter agreement
confidential and shall not disclose the same to any other person except a1 the
request or with the prior written consent of the Agent.
Your signature below indicates the binding nature of this letter agreement.
Very truly yours,
State Street Bank and Trust Company
By: /s/ Xxxxxx X. Xxxxxx
---------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Executive Vice President
Agreed:
Each Registered Management Investment
Company Party to the Agreement
By: /s/ Xxxxxx X. Xxxxx
---------------------------------
Name: Xxxxxx X. Xxxxx
Title: Treasurer
