AMENDMENT TO
CUSTODIAN AGREEMENT
between
INFORMATION AGE PORTFOLIO
and
INVESTORS BANK & TRUST COMPANY
This Amendment, dated as of October 23, 1995, is made to the CUSTODIAN
AGREEMENT dated June 19, 1995 (the "Agreement") between Information Age
Portfolio (the "Trust") and Investors Bank & Trust Company (the "Custodian")
pursuant to Section 9 of the Agreement.
The Trust and the Custodian agree that Section 9 of the Agreement shall, as
of October 23, 1995, be amended to read as follows:
Unless otherwise defined herein, terms which are defined in the
Agreement and used herein are so used as so defined.
9. Effective Period, Termination and Amendment; Successor Custodian
This Agreement shall become effective as of its execution, shall
continue in full force and effect until terminated by either party after August
31, 2000 by an instrument in writing delivered or mailed, postage prepaid to the
other party, such termination to take effect not sooner than sixty (60) days
after the date of such delivery or mailing; provided, that the Trust may at any
time by action of its Board, (i) substitute another bank or trust company for
the Custodian by giving notice as described above to the Custodian in the event
the Custodian assigns this Agreement to another party without consent of the
noninterested Trustees of the Trust, or (ii) immediately terminate this
Agreement in the event of the appointment of a conservator or receiver for the
Custodian by the Federal Deposit Insurance Corporation or by the Banking
Commissioner of The Commonwealth of Massachusetts or upon the happening of a
like event at the direction of an appropriate regulatory agency or court of
competent jurisdiction. Upon termination of the Agreement, the Trust shall pay
to the Custodian such compensation as may be due as of the date of such
termination (and shall likewise reimburse the Custodian for its costs, expenses
and disbursements).
This Agreement may be amended at any time by the written agreement of
the parties hereto. If a majority of the non-interested trustees of the Trust
determines that the performance of the Custodian has been unsatisfactory or
adverse to the interests of Trust holders or that the terms of the Agreement are
no longer consistent with publicly available industry standards, then the Trust
shall give written notice to the Custodian of such determination and the
Custodian shall have 60 days to (1) correct such performance to the satisfaction
of the non-interested trustees or (2) renegotiate terms which are satisfactory
to the non-interested trustees of the Trust. If the conditions of the preceding
sentence are not met then the Trust may terminate this Agreement on sixty (60)
days written notice.
The Board of the Trust shall, forthwith, upon giving or receiving
notice of termination of this Agreement, appoint as successor custodian, a bank
or trust company having the qualifications required by the Investment Company
Act of 1940 and the Rules thereunder. The Bank, as Custodian, Agent or
otherwise, shall, upon termination of the Agreement, deliver to such successor
custodian, all securities then held hereunder and all funds or other properties
of the Trust deposited with or held by the Bank hereunder and all books of
account and records kept by the Bank pursuant to this Agreement, and all
documents held by the Bank relative thereto. In the event that no written order
designating a successor custodian shall have been delivered to the Bank on or
before the date when such termination shall become effective, then the Bank
shall not deliver the securities, funds and other properties of the Trust to the
Trust but shall have the right to deliver to a bank or trust company doing
business in Boston, Massachusetts of its own selection meeting the above
required qualifications, all funds, securities and properties of the Fund held
by or deposited with the Bank, and all books of account and records kept by the
Bank pursuant to this Agreement, and all documents held by the Bank relative
thereto. Thereafter such bank or trust company shall be the successor of the
Custodian under this Agreement.
Except as expressly provided herein, the Agreement shall remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized officers, as of the day and year first above
written.
INFORMATION AGE PORTFOLIO
By:/s/ Xxxxx X. Xxxxxx
Xxxxx X. Xxxxxx, President
Executed in Bermuda
INVESTORS BANK & TRUST COMPANY
By:/s/ Xxxxxxx X. Xxxxxx
