Exhibit (h)(36)(i)
Westcore Trust
0000 00xx Xxxxxx - 00xx Xxxxx
Xxxxxx, XX 00000
April 15, 2002
ALPS Mutual Funds Services, Inc.
000 Xxxxxxxxxxx Xxxxxx, Xxxxx 0000
Xxxxxx, Xxxxxxxx 00000
Denver Investment Advisors, LLC
0000 Xxxxxxxxxxx Xxxxxx, 00xx Xxxxx
Xxxxxx, Xxxxxxxx 00000
Re: The Portfolio Services Agreement ("Agreement") dated as of May 1, 2002
between Capital Access International and Westcore Trust.
Dear Sir or Madam:
The above referenced Agreement requires Westcore Trust (the "Trust") to adhere
to certain requirements and procedures, which will be accomplished through you,
as Westcore Trust's service providers.
ALPS Mutual Funds Services, Inc. ("ALPS"), in its role as fund accounting agent
for the Trust, shall perform all necessary functions required to be performed
pursuant to paragraph 2 of the Agreement. The Trust shall indemnify and hold
harmless ALPS, its affiliates, employees, and agents from any and all loss,
damage, penalty, liability, cost, and expense, including without limitation,
reasonable attorneys' fees and disbursements, that may be incurred by, imposed
upon, or asserted against ALPS, its affiliates, employees, or agents, by reason
of any claim, regulatory proceeding, or litigation arising from errors in the
Holdings Information if the Holdings Information distributed by Capital Access
differs in any respect from the Holdings Information delivered to Capital Access
from ALPS. This Letter Agreement, with respect to ALPS, will automatically
terminate upon the termination of the Agreement or the Bookkeeping and Pricing
Agreement between the Trust and ALPS.
Denver Investment Advisors, LLC "DIA" in its role as investment adviser for the
Trust, will pay any of the fees associated with the Agreement as set forth in
paragraph 3 of the Agreement.
ALPS and DIA further agree to comply with the confidentiality standards set
forth in paragraphs 5 and 6 of the Agreement.
If and to the extent that Westcore Trust is required to indemnify Capital Access
International under the Agreement, ALPS shall reimburse the Trust for any
indemnification payments attributable to ALPS' responsibilities and DIA shall
reimburse the Trust for any indemnification payments attributable to DIA's
responsibilities.
The names "Westcore Trust" and "Trustees of Westcore Trust" refer respectively
to the trust created and the Trustees, as trustees but not individually or
personally, acting from time to time under an Amended and Restated Declaration
of Trust dated November 19, 1987 which is hereby referred to and a copy of which
is on file at the office of State Secretary of the Commonwealth of Massachusetts
and the principal office of the Company. The obligations of "Westcore Trust"
entered into in the name or on behalf thereof by any of the Trustees,
shareholders, or representatives of the Trust are not made personally, but bind
only the Trust Property, and all persons dealing with any class of shares of the
Trust must look solely to the Trust Property belonging to such class for the
enforecement of any claims against the Trust.
ALPS' and DIA's responsibilities with respect to the Agreement shall be limited
to that set forth in this Letter Agreement. This Letter Agreement shall be
interpreted, construed and enforced in accordance with the laws of the State of
Colorado.
By your signatures below, please signify that you will adhere to the
requirements and procedures set forth in this Letter Agreement.
Yours truly,
WESTCORE TRUST
By: /s/ Xxxx X. Xxxxxxxxx
------------------------------------
Name: Xxxx X. Xxxxxxxxx
Title: Vice-President
ACCEPTED AND AGREED TO:
ALPS MUTUAL FUNDS SERVICES, INC.
By: /s/ Xxxxxx X. May
------------------------------------
Name: Xxxxxx X. May
Title: Senior Vice President
DENVER INVESTMENT ADVISORS, LLC
By: /s/ Xxxxxxx X. Xxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxx
Title: Executive Manager
