FORM OF KINETICS MUTUAL FUNDS, INC. FIFTH AMENDMENT TO THE FUND ADMINISTRATION SERVICING AGREEMENT
FORM
OF KINETICS MUTUAL FUNDS, INC.
FIFTH
AMENDMENT TO THE
THIS
FIFTH AMENDMENT dated as of this ____ day of _____________, 2007, to
the Fund Administration Servicing Agreement, dated as of January 1, 2002, as
amended December 15, 2005, June 16, 2006, December 15, 2006, and March 5, 2007,
is entered into by and between Kinetics Mutual Funds, Inc., a
Maryland corporation (the “Corporation”) and U.S. Bancorp Fund Services,
LLC, a Wisconsin limited liability company (“USBFS”).
RECITALS
WHEREAS,
the Corporation and USBFS have entered into a Fund Administration Servicing
Agreement dated as of January 1, 2002, as previously amended (the “Agreement”);
and
WHEREAS,
the Corporation and USBFS desire to amend the Agreement to add funds;
and
WHEREAS,
Section 6 of the Agreement allows for its amendment by a written instrument
executed by the Corporation and USBFS.
NOW,
THEREFORE, the Corporation and USBFS agree as follows:
Exhibit
A
of the Agreement is hereby superseded and replaced with Exhibit A attached
hereto.
Except
to
the extent amended hereby, the Agreement shall remain in full force and
effect.
IN
WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to
be executed by a duly authorized officer on one or more counterparts as of
the
date and year first written above.
KINETICS
MUTUAL FUNDS, INC.
|
U.S.
BANCORP FUND SERVICES, LLC
|
By: ____________________________________
|
By: ________________________________
|
Name: __________________________________
|
Name: ______________________________
|
Title: ___________________________________
|
Title: _______________________________
|
1
Exhibit
A
to
the Fund Administration Servicing Agreement – Kinetics Mutual Funds,
Inc.
Administration
Services – Annual Fee Schedule – Feeder Funds
Separate
Series of Kinetics Mutual Funds, Inc.
Name
of Series
The
Internet Fund – No Load Class
The
Internet Fund – Advisor Class A
The
Internet Fund – Advisor Class C
The
Internet Fund – Institutional Class
The
Internet Emerging Growth Fund – No Load Class
The
Internet Emerging Growth Fund – Advisor Class A
The
Internet Emerging Growth Fund – Advisor Class C
The
Internet Emerging Growth Fund – Institutional Class
The
Paradigm Fund – No Load Class
The
Paradigm Fund – Advisor Class A
The
Paradigm Fund – Advisor Class C
The
Paradigm Fund – Institutional Class
The
Medical Fund – No Load Class
The
Medical Fund – Advisor Class A
The
Medical Fund – Advisor Class C
The
Medical Fund – Institutional Class
The
Small
Cap Opportunities Fund – No Load Class
The
Small
Cap Opportunities Fund – Advisor Class A
The
Small
Cap Opportunities Fund – Advisor Class C
The
Small
Cap Opportunities Fund – Institutional Class
The
Kinetics Government Money Market Fund – No Load Class
The
Kinetics Government Money Market Fund – Advisor Class A
The
Kinetics Government Money Market Fund – Advisor Class C
The
Kinetics Government Money Market Fund – Institutional Class
The
Market Opportunities Fund – No Load Class
The
Market Opportunities Fund – Advisor Class A
The
Market Opportunities Fund – Advisor Class C
The
Market Opportunities Fund – Institutional Class
The
Water
Infrastructure Fund – No Load Class
The
Water
Infrastructure Fund – Advisor Class A
The
Water
Infrastructure Fund – Advisor Class C
The
Water
Infrastructure Fund – Institutional Class
The
Multi-Disciplinary Fund – No Load Class
The
Multi-Disciplinary Fund – Advisor Class A
The
Multi-Disciplinary Fund – Advisor Class C
The
Multi-Disciplinary Fund – Institutional Class
The
Internet Fund, The Medical Fund, The Internet Emerging Growth Fund, The Paradigm
Fund, The Small Cap Opportunities Fund, The Kinetics Government Money Market
Fund, The Market Opportunities Fund, The Water Infrastructure Fund and The
Multi-Disciplinary Fund have the following fee schedule at ___________
2007:
2
Exhibit
A (continued)
to
the Fund Administration Servicing Agreement – Kinetics Mutual Funds,
Inc.
Administration
Services – Annual Fee Schedule – Feeder Funds
Annual
fee based on complex of Feeder Funds average net assets:
[___] basis
points on the average net assets on first [___]
[___]
basis points on balance
Minimum
Annual Fee: [___]. Note: Minimum is based on the combined
fees for both the Master Portfolios and the Feeder Funds which includes
out-of-pocket technology charge of [___] per quarter.
Plus
out-of-pocket expense reimbursements, including but not limited to:
Postage
Programming
Stationery
Proxies
Out-of-pocket
expenses reimbursements
Retention
of records
Special
reports
Federal
and state regulatory filing fees
Certain
insurance premiums
Expenses
form board of trustees meetings
Auditing
and legal expenses
All
other
out-of-pocket expenses
Fees
are
billed monthly
3