EXPENSE WAIVER AND REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made this 26th day of January, 2009, between Xxxxx
Family of Real Estate Funds, an Ohio business trust (the "Trust") and Xxxxx
Asset Management, Inc., a Georgia corporation (hereinafter called the
"Adviser").
W I T N E S S E T H
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WHEREAS, the Adviser has entered into an Advisory Agreement with the
Trust, pursuant to which the Adviser agrees to provide, or arrange for the
provision of, investment advisory and management services to the Trust; and
WHEREAS, the Trust and the Adviser believe that capping the total ordinary
operating expenses, excluding taxes, interest, brokerage costs and extraordinary
expenses, of shares of the Xxxxx Dow Xxxxx Wilshire U.S. REIT Index Fund (the
"Fund") of the Trust will benefit the Fund and its shareholders;
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. EXPENSE WAIVER AND REIMBURSEMENT BY THE ADVISER. The Adviser agrees to
waive all or a portion of its management fee and, if necessary, to bear certain
other expenses (excluding taxes, interest, brokerage costs and extraordinary
expenses) associated with operating the Fund to the extent necessary to limit
the Fund's annualized expenses to the annual rate of 0.99%, 1.74% and 1.74% of
the Fund's average daily net assets allocable to its Class A shares, Class B
shares and Class C shares, respectively.
2. DURATION AND TERMINATION. Unless extended by agreement of the parties,
this Agreement shall be effective for the period from the date of this Agreement
until May 1, 2010. This Agreement shall automatically terminate upon the
termination of the Advisory Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first above written.
XXXXX FAMILY OF REAL ESTATE FUNDS XXXXX ASSET MANAGEMENT, INC.
By /s/ Xxx X. Xxxxx III By /s/ Xxx X. Xxxxx III
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Name: Xxx X. Xxxxx III Name: Xxx X. Xxxxx III
Title: President Title: President
