EXHIBIT 23g(1)
CUSTODY AGREEMENT
Agreement made as of 19th day of February, 2001, by and among Dominion
Institutional Services Corporation ("DISC"), a corporation organized under
the laws of Texas and having its office at 0000 Xxxxxx Xxxxx, Xxxxx 000,
Xxxxxx, Xxxxx, 00000, Dominion Funds, Inc. ("Company") a corporation
organized under the laws of Texas and having its office at 0000 Xxxxxx Xxxxx,
Xxxxx 000, Xxxxxx, Xxxxx, 00000, acting for and on behalf of all mutual fund
portfolios as are currently authorized and issued by the Company or may be
authorized and issued by the Company subsequent to the date of this Agreement
(the "Fund"), which is operated and maintained by the Company for the benefit
of the holders of shares of the Fund, and Xxxxxx Financial Services (the
"Custodian"), a member of a national securities exchange having its principal
office and place of business at 0000 Xxxxxxx, Xxxxx 0000, Xxxxxx, Xxxxx,
00000, which Agreement provides for the furnishing of custodian services to
the Fund.
WITNESSETH:
That for and in consideration of the mutual promises hereinafter set forth
the Company, on he half of the Fund, and the Custodian agree as follows:
ARTICLE I
DEFINITIONS
Whenever used in this Agreement, the following words and phrases, unless the
context otherwise requires, shall have the following meanings:
1. "Authorized Person" shall be deemed to include the Chairman, President,
Secretary, and the Vice President, or any other person, whether or not any
such person is an officer or
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective Officers, thereunto duly authorized as of the
day and year first above written.
ATTEST: DOMINION FUNDS, INC.
BY: /s/ Xxxxxxx X. Xxxxxx
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Xxxxxxx X. Xxxxxx, Chief Executive Officer
ATTEST: XXXXXX FINANCIAL SERVICES
BY: /s/
--------------------------
ATTEST: DOMINION INSTITUTIONAL SERVICES
CORPORATION
BY: /s/ Xxxxxxx X. Xxxxxx
-------------------------- ---------------------
Xxxxxxx X. Xxxxxx, Chairman of the Board
APPENDIX A
Authorized Persons
Chairman: Xxxxx Xxxxxxxxxxx
CEO: Xxxx X. Xxxxxx
President: C. Xxxxx Xxxxxxx, III
Secretary: Xxxx X. Xxxxxx
Transfer Agent: Xxxxxxx X. Xxxxxxxxxx
Investment Advisor: Nye, Parnell, & Xxxxxxx Capital Management, Inc.
Advisor Employees: Xxxx Xxxxxxxx
Xxxxx Xxxxxxxxxx
Fund Accountant: Xxxx Xxxxxx
the Company or DISC or of any such predecessor or successor, whether by
virtue of any constitution, statute or rule of law or equity, or by the
enforcement of any assessment or penalty or otherwise, and that no such
personal liability whatever shall attach to, or is or shall be incurred by,
the organizers, shareholders, Officers, Directors, of the Company or DISC or
of any predecessor successor, or any of them as such, because of the
obligations contained in this Agreement of implied therefrom and than any and
all such liability if hereby expressly waived and released by the Custodian
as a condition of, and as a consideration for, the execution of this
Agreement.
3. The obligations set forth in this Agreement as having been made by the
Company have been made by the Directors of the Company, acting as such
Directors for and on behalf of the Fund, pursuant to the authority vested in
them under the laws of the State of Texas, Articles of Incorporation and the
By-Laws of the Company. This Agreement has been executed by Officers of the
Company as Officers, and not individually, and the obligations contained
herein are not binding upon any of the Directors, Officers, Agents, or
holders of shares, personally, but bind only the Company and then only to the
extent of Fund Assets.
4. Such provisions of the Prospectuses of the Fund and any other documents
(including advertising material) specifically mentioning the Custodian (other
than merely by name and address) shall be reviewed with the Custodian by the
Company.
5. Any notice or other instrument in writing, authorized or required by this
Agreement to be given to the Custodian, shall be sufficiently given if
addressed to the Custodian and mailed or delivered to it at its officers at
0000 Xxxxxxx, Xxxxx 0000, Xxxxxx, Xxxxx, 00000, or at such other place as the
Custodian may from time to time designate in writing.
