Exhibit 8(h) - Fourth Amendment to Custodian Contract
FOURTH AMENDMENT TO THE CUSTODIAN CONTRACT
AGREEMENT made by and between State Street Bank and Trust Company (the
"Custodian") and the Xxxxxxx X. Xxxxxxxxx Fund, Inc. (the "Fund").
WHEREAS, the Custodian and the Fund are parties to a custodian contract
dated October 12, 1988, as amended on May 8, 1989 and July 24, 1989 to provide
for the maintenance of foreign securities, and April 30, 1990 to add the
California Municipal Portfolio (the "Custodian Contract, as amended"); and
WHEREAS, the Custodian and the Fund desire to further amend the Custodian
Contract by adding the Xxxxxxxxx International Value Portfolio to the list of
Portfolios on whose behalf the Custodian Contract, as amended, applies and to
make certain other amendments;
NOW THEREFORE, in consideration of the premises and covenants contained
herein, the Custodian and the Fund hereby agree as follows:
1. In accordance with Paragraph 12 of the Custodian Contract, it is mutually
agreed that the Custodian shall render services under the Custodian Contract, as
amended, to an additional series of the Fund, the Xxxxxxxxx International Value
Portfolio.
2. The following sentence in Paragraph 8 of the Custodian Contract is amended to
include the words indicated in bold letters:
The Custodian shall be held to the exercise of reasonable care in carrying
out the provisions of this Contract, (xxxxxxx begins) including but not limited
to the selection and monitoring of subcustodians in accordance with its
established standards, (xxxxxxx ends) but shall be kept indemnified by and shall
be without liability to the Fund for any action taken or omitted by it in good
faith without negligence.
3. The Fund hereby authorizes the Custodian to employ as subcustodians for the
securities and other assets of the Xxxxxxxxx International Value Portfolio which
are maintained outside the United States the foreign banking institutions and
foreign securities depositories designated on Schedule A hereto in accordance
with the terms and provisions of the Custodian Contract, as amended to apply to
foreign custody.
4. Custodian agrees that each of its subcustodians holds the Fund's securities
in accordance with the terms of Custodian's individually negotiated contract and
operating standards. In Custodian's opinion, such contracts and operating
standards when taken together are at least equal to the level of protection
afforded similar securities held by Custodian in the United States.
5. Custodian agrees that the standard of care provided in the Custodian
Contract, as amended, as to the Custodian's responsibility for its or its
subcustodian's acts is equal to or greater than that of any of its custodian
contracts with domestic or global mutual funds; Custodian agrees that if, in the
future, it enters into a custodian contract with any mutual fund pursuant to
which it assumes a higher standard of care than provided in the Custodian
Contract, it shall promptly notify Client of the terms thereof and such terms
shall be subject to negotiation between the parties at that time.
IN WITNESS WHEREOF, each of the parties has caused this instrument to be
executed in its name and behalf by its duly authorized representative and its
seal to be hereunder affixed as of the 18th day of March, 1992.
XXXXXXX X. XXXXXXXXX FUND, INC.
By: Xxxxxx X. Xxxxxx
ATTEST:
Xxxx Xxxxx Xxxx
STATE STREET BANK AND TRUST COMPANY
By: Xxxxxx X. Xxxxx
ATTEST:
Xxxx X. Xxxx
SCHEDULE A
Country Subcustodian(s)
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Australia Bank: Australia and New Zealand Banking Group
Limited (ANZ)
Depository: Austraclear Limited
Austria Bank: Girozentrale und Bank der
oesterreichischen Sparkassen AG
(Girozentrale)
Austria Depository: Oesterreichische Kontrollbank AG
Belgium Bank: Banque Bruxelles Xxxxxxx (BBL)
Depository: Caisse Interprofessionelle de Depot et
de Virements de Titres (C.I.K.)
Canada Bank: Canada Trust Company (Canada Trust)
Depository: The Canadian Depository for Securities
Limited (CDS)
Denmark Bank: Den Danske Bank (Den Danske)
Depository: Vaerdipapircentralen (VP)
Finland Bank: Kansallis-Osake-Pankki (KOP)
France Bank: Credit Commercial De France (CCF)
Depository: Societe Interprofessionelle pour la
Compensation des Valeurs Mobilieres
(SICOVAM)
Germany Bank: Berliner Handels-und Frankfurter Bank (BHF)
Depository: The Deutscher Kassenverein AG
Hong Kong Bank: Standard Chartered Bank, Hong Kong
Italy Bank: Credito Italiano
Depository: Monte Titoli S.p.A.
Japan Bank: Sumitomo Trust & Banking Co., Ltd.
(Sumitomo)
Malaysia Bank: Standard Chartered Bank, Kuala Lumpur
Netherlands Bank: Bank Mees & Hope N.V. (BMH)
Depository: Necigef (Nederlands Centraal Instituut
voor Giraal Effectenverkeer B.V.)
New Zealand Bank: Westpac Banking Corporation (Westpac)
Norway Bank: Christiania Bank OG Kreditkasse (Christiania)
Depository: The Norwegian Registry of
Securities Verdipapirsentralen (VPS)
Singapore Bank: The Development Bank of Singapore Ltd.
(DBS)
Spain Bank: Banco Hispano Americano (BHA)
Sweden Bank: Skandinaviska Enskilda Banken (SEB)
Depository: Vardepapperscentralen (VPC)
Switzerland Bank: Union Bank of Switzerland (UBS)
Depository: Schweizerische Effekten-Giro AG (SEGA)
United Kingdom Bank: State Street London Limited
Depository: The Central Gilts Office
General Depositories: Euroclear System (Euroclear)
Centrale de Livraison de Valeurs
Mobilieres S.A. (Cedel)