Exhibit (g)(36)
AMENDMENT TO THE CUSTODIAN CONTRACT
This Amendment to the Custodian Contract is made as of ______________ by
and between Xxxxxxx Xxxxx Equity Portfolios, Inc. (formerly GS Capital Growth
Fund, Inc. (hereinafter the "Fund") and State Street Bank and Trust Company (the
"Custodian"). Capitalized terms used in this Amendment without definition shall
have the respective meanings given to such terms in the Custodian Contract
referred to below.
WITNESSETH THAT:
WHEREAS, the Fund and the Custodian are parties to a Custodian Contract
dated as of April 6, 1990 (as amended November 16, 1995 and July 2, 2001,
hereinafter, the "Contract"); and
WHEREAS, the Fund and the Custodian desire to amend certain provisions of
the Contract relating to Proper Instructions.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants
and agreements hereinafter contained, the Fund and the Custodian hereby agree to
amend the Contract, pursuant to the terms thereof, as follows:
(1) The first sentence of Section 5, Proper Instructions, is hereby
deleted and replaced with the following:
Proper Instructions as used throughout this Contract means a writing
signed or initialed by one or more person or persons as the Board of
Trustees of the Trust shall have from time to time authorized; provided,
however that Proper Instructions shall mean a writing signed or initialed
by two or more persons as the Board of Trustees of the Trust shall have
from time to time authorized for purposes of the payment of Trust monies
pursuant to Section 2.7 of this Agreement.
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be
executed in its name and on its behalf by a duly authorized officer as of the
day and year first above written.
XXXXXXX SACHS EQUITY STATE STREET BANK AND TRUST COMPANY
PORTFOLIOS, INC.
By:______________________________ By:__________________________________
Name: Name: Xxxxxx X. Xxxxxx
Title: Title: Executive Vice President
