AMENDMENT TO CHIEF COMPLIANCE OFFICER SERVICES AGREEMENT
Exhibit 99.A9(3)
AMENDMENT
TO CHIEF COMPLIANCE OFFICER SERVICES AGREEMENT
TO CHIEF COMPLIANCE OFFICER SERVICES AGREEMENT
This Amendment (the “Amendment”) to the Chief Compliance Officer Service Agreement between
ALPS Fund Services, Inc. (“ALPS”) and PDR Services LLC (“PDR”), as sponsor for the MidCap SPDR
Trust, Series 1 (“Trust”), dated October 5, 2004 (the “Agreement”) is made as of this 1st day of
October, 2009.
WHEREAS, ALPS and PDR wish to amend the Agreement by means of the Amendment.
NOW, THEREFORE, the parties hereto, intending to be legally bound, agree as follows:
1. SECTION 1 (Term of Agreement) of the Agreement is deleted in its entirety and replaced with
the following.
PDR hereby retains ALPS, on behalf of the Trust, in accordance with the terms of this
Agreement, and this Agreement shall continue automatically for successive one-year periods
ending September 30 each year (a) unless either party elects not to renew by giving not
less than 90 days’ prior written notice to the other before the end of the then-current
term or (b) unless earlier terminated in accordance with the terms of Section 8.
2. PDR and ALPS hereby agree that the current term of the Agreement ends on October 31, 2010.
3. Except as specifically set forth herein, all other provisions of the Agreement shall remain
in full force and effect.
ALPS Fund Services, Inc. | PDR Services LLC | |||||||||
By:
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/s/ Xxxxxx X. May
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By: | /s/ Xxxx X. Xxxxxxx
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Title: President | Title: President |