Ex-(g)(viii)
AMENDMENT TO THE
ACCOUNTING SERVICES AGREEMENT
DATED APRIL 8, 1991
THIS AMENDMENT, dated as of August 21, 2001, by and between THE
XXXXXXX XXXXXX FAMILY OF FUNDS ("Trust") and PFPC Inc. ("PFPC") amends the
Accounting Services Agreement by and between the parties dated April 8, 1991
("Agreement").
W I T N E S S E T H:
WHEREAS, the Trust has appointed PFPC to act as the fund accounting
agent for the Trust and to perform the services set forth in the Agreement; and
WHEREAS, the Trust and PFPC now desire to amend the Agreement with
respect to the services provided by PFPC to the Trust.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Trust and PFPC agree, as follows:
1. The second paragraph of Section 7 and Appendix A of the Agreement shall be
deleted in their entirety.
2. Section 14 of the Agreement shall be deleted and restated in its entirety as
follows: "PFPC shall perform the services set forth on Schedule C to the
Agreement."
3. Schedule C shall be added as a new schedule to the Agreement. A copy of
Schedule C is attached hereto as Exhibit 1 and incorporated herein by reference.
4. The name The Xxxxxxx Xxxxxx Family of Funds refers to The Xxxxxxx Xxxxxx
Family of Funds and its Trustees, as Trustees but not individually or
personally, acting under a Declaration of Trust dated May 9, 1995. The
obligations of The Xxxxxxx Xxxxxx Family of Funds entered into in the name of or
on behalf of a Portfolio of The Xxxxxxx
Xxxxxx Family of Funds by any of the Trustees, representatives or agents are
made not individually, but in such The Xxxxxxx Xxxxxx Family of Funds
capacities. Such obligations are not binding upon any of the Trustees,
shareholders or representatives of The Xxxxxxx Xxxxxx Family of Funds
personally, but bind only the assets of The Xxxxxxx Xxxxxx Family of Funds
belonging to such Portfolio for the enforcement of any claim against The Xxxxxxx
Xxxxxx Family of Funds.
Transactions entered into by one or more Portfolios in The Xxxxxxx
Xxxxxx Family of Funds are considered independent transactions and shall in no
way affect transactions entered into by any other Portfolio(s). Any amount owed
by The Xxxxxxx Xxxxxx Family of Funds with respect to any obligation arising out
of the Agreement, as amended, shall be paid only out of the assets and property
of the particular Portfolio(s) that entered into such transaction.
5. Except to the extent amended and supplemented hereby, the Agreement shall
remain unchanged and in full force and effect and is hereby ratified and
confirmed in all respects.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be
duly executed as of the date first above written.
PFPC INC. THE XXXXXXX XXXXXX FAMILY
OF FUNDS
By: /s/ Xxxxxx X. Xxxxx By: /s/ Tai-Xxxx Xxxx
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Name: Xxxxxx X. Xxxxx Name: Tai-Xxxx Xxxx
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Title: Executive Vice President Title: Chief Financial Officer
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Date: August 21, 2001 Date: August 21, 2001
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EXHIBIT 1
SCHEDULE C
TO THE ACCOUNTING SERVICES AGREEMENT
BETWEEN
THE XXXXXXX XXXXXX FAMILY OF FUNDS
AND
PFPC INC.
PFPC Inc. ("PFPC") will perform the following services for The Xxxxxxx Xxxxxx
Family of Funds ("Fund"):
1. Assist in keeping, maintaining and preserving (for such period
of time as required under Rule 31a-2 of the 0000 Xxx) all
accounts, records and other documents required under (a) Rule
31a-1(a) that relate to the services provided by PFPC under
the Agreement; (b) Rule 31a-1(b)(1); (c) Rule 31a-1(b)(2)(i),
(ii) and (iii); (d) Rule 31a-1(b)(3) and (e) Rule 31a-1(b)(8);
2. Calculate the value of each asset and the current net asset
value of each Portfolio and class thereof;
3. Record and verify daily income, expense accruals and capital
gains and losses and provide notification of any proposed
adjustments to the Fund;
4. Maintain historical tax lots for each asset;
5. Record investment purchases and sales and transmit to the
Fund's custodian for proper settlement;
6. Review transactions recorded by the Fund's custodian in order
to prepare the daily reconciliation of cash and investment
positions;
7. Record the capital share transactions and reconcile such
transactions daily with the Fund's transfer agent;
8. Prepare the cash balances available for investment for each of
the next five business days and update cash availability
throughout the day as requested;
9. Prepare such periodic financial statements and other reports
as may be reasonably requested from time to time;
10. Assist in the preparation of the Fund's Registration
Statement; Pre-Effective and Post-Effective Amendments to the
Registration Statement; Notices of Annual or Special Meetings
of Shareholders; Proxy Statements; and such other notices,
statements and filings as may be reasonably requested from
time to time;
11. Assist in the preparation and filing of the Annual and
Semiannual Reports to shareholders; Form N-SAR; Form N-30D;
Form 24f-2; and such other reports as may be reasonably
requested from time to time;
12. Assist in the preparation and filing of any federal and state
tax returns;
13. Assist in monitoring compliance with Subchapters L and M of
the Internal Revenue Code;
14. Assist (on a post-trade basis) with the monitoring of
compliance with those requirements of the Investment Company
Act of 1940 and the Fund's current Registration Statement as
may be agreed to between PFPC and the Fund from time to time;
15. Assist in monitoring daily collateral asset segregation
amounts for futures contracts and such other financial
instruments as may be reasonably requested from time to time;
16. Assist in the calculation of the Fund's income, excise tax,
and capital gain distributions;
17. Calculate the total return; yield; expense ratio; turnover
rate; maturity (if applicable) and such other performance,
financial and portfolio information as may be reasonably
requested from time to time;
18. Assist in the preparation of the annual budget, expense
accruals, expense allocations and waiver monitoring;
19. Manage accounts payable and authorize disbursements upon
Written Instructions;
20. Assist in the preparation of quarterly Board materials; and
21. Provide such other services as may be agreed between PFPC and
the Fund from time to time.