Exhibit (g)(9)
AMENDMENT TO CUSTODIAN CONTRACT
This Amendment to the custody contract is made as of November 17, 2000,
by and between State Street Bank and Trust Company (the "Custodian") and XXXXXXX
TAX FREE MONEY FUND (the "Fund"). Capitalized terms used in this Amendment
without definition shall have the respective meanings given to such terms in the
Custodian Contract referred to below.
WHEREAS, the Fund and the Custodian entered into a Custodian Contract
dated December 31, 1979 (as amended from time to time, the "Custodian
Contract"); and
WHEREAS, the Fund and the Custodian wish to amend the Custodian
Contract to enable the Fund to instruct the Custodian to pay out Fund moneys for
cash sweeps and interfund lending or borrowing transactions and also to
segregate collateral for interfund lending or borrowing transactions;
NOW, THEREFORE, in consideration of the foregoing and the mutual
promises and covenants contained herein and in the Custodian Contract, the
parties hereby agree to amend the Custodian Contract as follows:
1. Payment of Fund Moneys
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In Article II, Section (H), subsection (6) is renumbered as
subsection (8) and new subsections (6) and (7) are added to
the Custodian Contract as follows:
(6) in connection with a lending or borrowing transaction
between the Fund, on behalf of a Portfolio, and an investment
company, on behalf of a Portfolio, advised by Xxxxxxx Xxxxxx
Investments;
(7) in connection with a cash sweep arrangement; or
2. In Article II, Sections (M) through (R) are renumbered as
Sections (N) through (S) and new Section (M) is hereby added
as follows:
M. Segregated Account. The Custodian shall upon receipt of
Proper Instructions from the Fund on behalf of each applicable
Portfolio establish and maintain a segregated account or
accounts for and on behalf of each such Portfolio, into which
account or accounts may be transferred cash and/or securities,
including securities maintained in a U.S. Securities System
Account by the Custodian pursuant to Section II(L) hereof (i)
in accordance with the provisions of any agreement among the
Fund on behalf of the Portfolio, the Custodian and a
broker-dealer registered under the Exchange Act and a member
of the NASD (or any futures commission merchant registered
under the Commodity Exchange Act), relating to compliance with
the rules of The Options Clearing Corporation and of any
registered national securities exchange (or the Commodity
Futures Trading Commission or any registered Contract Market),
or of any
similar organization or organizations, regarding escrow or
other arrangements in connection with transactions by the
Portfolio, (ii) for purposes of segregating cash or government
securities in connection with options purchased, sold or
written by the Portfolio or commodity futures contracts or
options thereon purchased or sold by the Portfolio, (iii) for
the purposes of compliance by the Portfolio with the
procedures required by Investment Company Act Release No.
10666, or any subsequent release or releases of the SEC
relating to the maintenance of segregated accounts by
registered investment companies, (iv) for the purpose of
segregating securities or other assets of the Fund in
connection with a borrowing transaction between the Fund as
borrower and an investment company or an investment portfolio
thereof advised by Xxxxxxx Xxxxxx Investments, and (v) for
other proper corporate purposes, but only, in the case of this
clause, upon receipt of, in addition to Proper Instructions
from the Fund on behalf of the applicable Portfolio, a
certified copy of a resolution of the Board of Trustees or of
the executive committee thereof signed by an officer of the
Fund and certified by the Fund's Secretary or an Assistant
Secretary, setting forth the purpose or purposes of such
segregated account and declaring such purposes to be proper
corporate purposes.
IN WITNESS WHEREOF, each of the parties has caused
this instrument to be executed in its name and on its behalf
by its duly authorized representative as of the date written
above.
XXXXXXX TAX FREE MONEY FUND
By: /s/Xxxx Xxxxxxxx
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Its: Vice President
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STATE STREET BANK AND TRUST COMPANY
By: /s/Xxxxxx X. Xxxxx
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Its: Vice Chairman
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