Exhibit B(9)(e)
SHAREHOLDER ACCOUNT SERVICES AGREEMENT
BETWEEN
XXXXX STREET FUNDS, INC.
AND
XXXXXX X. XXXXX & CO. INCORPORATED
THIS AGREEMENT is made on the 10th day of November, 1997 by and between
Xxxxx Street Funds, Inc., a Maryland corporation having its principal office and
place of business at 000 Xxxx Xxxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxx 00000
("MSF") and Xxxxxx X. Xxxxx & Co. Incorporated, a Wisconsin corporation having
its principal office and place of business at 000 Xxxx Xxxxxxxxx Xxxxxx,
Xxxxxxxxx, Xxxxxxxxx 00000 ("Baird").
WHEREAS, MSF is registered with the Securities and Exchange Commission as
an open-end management investment company under the Investment Company Act of
1940; and
WHEREAS, MSF desires to retain Baird to perform the following services for
MSF's shareholders and Baird desires to perform such services for MSF.
NOW, THEREFORE, MSF and Baird do mutually promise and agree as follows:
1. MSF hereby employs Baird to perform the services specified herein.
Baird hereby accepts such employment for the compensation herein provided and
agrees during the period of this agreement to render the services and to assume
the obligations herein set forth.
2. Baird shall perform the following services for the Baird Level 3
networked account shareholders of MSF: mail proxies to shareholders, mail
shareholder reports (annual and semi-annual) and prospectuses to current
shareholders, prepare and mail reports, activity statements, tax reporting forms
and confirmations for shareholders and provide shareholder account processing
and information.
3. For the services to be rendered by Baird hereunder, MSF shall pay to
Baird a fee, paid quarterly, at an annual rate of $3.00 for each Baird Level 3
networked account invested in shares of MSF.
4. The services of Baird to MSF hereunder are not to be deemed exclusive
and Baird shall be free to furnish similar services to others as long as the
services hereunder are not impaired thereby.
5. In the absence of willful misfeasance, bad faith, gross negligence or
reckless disregard of obligations or duties hereunder on the part of Xxxxx,
Xxxxx shall not be subject to liability to MSF or to any shareholder of MSF for
any act or omission in the course of or connected with, rendering services
hereunder, or for any losses that may be sustained in the purchase, holding or
sale of any security.
6. This Agreement may be amended or modified by a written agreement
executed by both parties and authorized or approved by a resolution of the Board
of Directors of MSF.
7. This Agreement may be terminated by either party without penalty upon
sixty (60) days' written notice to the other.
8. This Agreement shall be construed and the provisions hereof
interpreted under and in accordance with the laws of the State of Wisconsin.
9. This Agreement is effective as of April 1, 1997.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in their names and on their behalf by and through their duly authorized
officers, as of the day and year first above written.
XXXXX STREET FUNDS, INC.
By: /s/
Name: Xxxx X. Xxxx
Title: Vice President
ATTEST:
/s/
Name: Xxxxx X. Xxxx
Title: Assistant Secretary
XXXXXX X. XXXXX & CO.
INCORPORATED
By: /s/
Name: Xxxxxxx X. Xxxxxx
Title: Managing Director
ATTEST:
/s/
Name: Xxxx X. Xxxxxxxx
Title: Secretary
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