SECOND AMENDMENT TO THE AGENCY AGREEMENT
Exhibit (h)(7)
SECOND AMENDMENT
TO THE AGENCY AGREEMENT
This Amendment is made as of the 13th day of March, 2006, to the Agency Agreement listed on Schedule A (the “Agreement”) between the Fund listed thereon, on behalf of the Series listed thereon (collectively the “Funds” and each separately a “Fund”), and DWS Xxxxxxx Investments Service Company (“Service Company”).
NOW, THEREFORE, in consideration of the mutual promises set forth and for other good and valuable consideration, the parties hereby agree to amend the Agreement as follows:
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The following is hereby inserted as a new Section 5 C: |
Reference is made herein to the January 15, 2003 agreement, by and between DST SYSTEMS, INC. (“DST”) and DWS XXXXXXX INVESTMENTS SERVICE COMPANY (“DWS-SISC”) and all subsequent amendments to that agreement (“DST Agreement”). The DST Agreement provides for the fulfillment of DWS-SISC’s transfer agency services outlined in this Agreement by DST and delegated pursuant to Section 21 C of this Agreement. Exhibit D of the DST Agreement provides for certain service level bonuses and liquidated damages based on the quality of services provided. The parties agree that all liquidated damage payments made by DST to DWS-SISC or its affiliates in respect of the Fund pursuant to Sections C or D of Exhibit D of the DST Agreement shall be passed through to the Fund, and that all bonus payments payable by DWS-SISC in respect of the Fund pursuant to Section E of Exhibit D of the DST Agreement shall be an obligation of, and borne by, the Fund. The standards for these payments will be negotiated as provided for in Section of Exhibit D of the DST Agreement. All payments made pursuant to this amendment shall be charged or credited to the funds based on the relative number of accounts subject to the Annual Per Account Fee under the Retail and XXX Account Fee Schedule, except omnibus accounts and Matrix Level III accounts. The Retail and XXX Account Fee Schedule does not cover wholesale money funds and is to be distinguished from the Retirement Account Fee Schedule. The number of accounts will be measured on the last day of the period with respect to which the charge or credit is to be assessed. DWS-SISC shall report to the Board of the Fund at least annually regarding any adjustments to anticipated call volumes, and shall report to the Fund as least semi-annually regarding any liquidated damage payments or bonus payments paid to or by the Fund, as the case may be.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officer as of the day and year first set forth above.
DWS CHICAGO BOARD FUNDS
(Funds listed on Schedule A)
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By: |
/s/ Xxxxxx X. Xxxxxxx |
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Name: |
Xxxxxx X. Xxxxxxx |
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Title: |
Vice President |
ATTEST:
/s/ Xxxx Xxxxxxxx
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Name: Xxxx Xxxxxxxx
Title: Secretary
DWS XXXXXXX INVESTMENTS SERVICE COMPANY
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By: |
/s/ Xxxxxxx Xxxxx |
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Name: Xxxxxxx Xxxxx |
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Title: |
Vice President |
ATTEST:
/s/ Xxxxxxxx Xxxxx
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Name: Xxxxxxxx Xxxxx
Title: Vice President
SCHEDULE A
TO
SECOND AMENDMENT TO
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Fund
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Series
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Date of Agency Agreement
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DWS Core Plus Allocation Fund
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March 2, 1998 |
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DWS Dreman Financial Services Fund
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