THE TOCQUEVILLE TRUST FIFTH AMENDMENT TO THE CUSTODY AGREEMENT
FIFTH AMENDMENT TO THE CUSTODY AGREEMENT
THIS FIFTH AMENDMENT dated as of the 9th day of June, 2014, to the Custody Agreement, dated as of March 13, 2008, as amended September 15, 2009, October 12, 2010, December 6, 2011 and December 20, 2013 (the "Agreement"), is entered into by and between THE TOCQUEVILLE TRUST, a Massachusetts trust (the “Trust”) and U.S. Bank, N.A., a national banking association (the "Custodian").
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the parties desire to add a new fund and amend the fees
of the Agreement; and
WHEREAS, Article XIV, Section 14.02 of the Agreement allows for its amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree as follows:
Amended Exhibit C is hereby superseded and replaced with Amended Exhibit C attached hereto.
Amended Exhibit D is hereby superseded and replaced with Amended Exhibit D attached hereto.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.
U.S. BANK, N.A.
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By: /s/ Xxxxxx X. Xxxxxxxxxxxx
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By: /s/ Xxxxxxx X. XxXxx
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Printed Name: Xxxxxx X. Xxxxxxxxxxxx
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Printed Name: Xxxxxxx X. XxXxx
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Title: President
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Title: Vice President
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6/2014
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1 |
Amended Exhibit C to the Custody Agreement
Fund Names
Separate Series of The Tocqueville Trust
Name of Series
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The Tocqueville Fund
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The Tocqueville Opportunity Fund
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The Tocqueville Gold Fund
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The Tocqueville International Value Fund
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The Tocqueville Select Fund
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The Delafield Fund
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The Tocqueville Alternative Strategies Fund
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6/2014
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2 |
Amended Exhibit D to the Custody Agreement – The Tocqueville Trust
DOMESTIC CUSTODY SERVICES
ANNUAL FEE SCHEDULE
Tocqueville Trust-Effective 07/01/2014
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Annual fee based upon market value of all Funds in the Trust:
¨ ____% on all balances (complex fee for the Trust)
(Subject to $____ complex minimum for 7 Funds)
· CCO Support $____ per year
Portfolio Transaction Fees
$____ per disbursement (waived if U.S. Bancorp is Administrator)
$____ per US Bank repurchase agreement transaction
$____ per book entry security (depository or Federal Reserve system) and non-US Bank repurchase agrmt
$____ per portfolio transaction processed through our New York custodian definitive security (physical)
$____ per principal paydown
$____ per option/future contract written, exercised or expired
$____ per Cedel/Euroclear transaction
$____ per mutual fund trade
$____ per Fed Wire
$____ per margin variation Fed wire
$____ per short sale
$____ per segregated account per year
A transaction is a purchase/sale of a security, free receipt/free delivery, maturity, tender or exchange.
No charge for the initial conversion free receipt.
Overdrafts – charged to the account at prime interest rate plus ____.
Plus out-of-pocket expenses, and extraordinary expenses based upon complexity, including items such as shipping fees or transfer fees.
Fees are billed monthly.
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6/2014
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3 |
Amended Exhibit D (continued) to the Custody Agreement – The Tocqueville Trust
GLOBAL SUB-CUSTODIAL SERVICES
ANNUAL FEE SCHEDULE effective January 1, 2012
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Country
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Instrument
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Safekeeping
(BPS)
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Transaction
Fee
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Country
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Instrument
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Safekeeping
(BPS)
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Transaction
Fee
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Argentina
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All
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$____
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Lebanon
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All
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$____
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Australia
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All
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$____
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Lithuania
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All
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$____
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Austria
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All
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$____
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Luxembourg
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All
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$____
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Bahrain
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All
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$____
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Malaysia
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All
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$____
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Bangladesh
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All
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$____
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Mali*
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All
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$____
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Belgium
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All
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$____
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Malta
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All
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$____
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Benin*
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All
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$____
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Mauritius
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All
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$____
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Bermuda
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All
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$____
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Mexico
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All
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$____
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Botswana
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All
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$____
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Morocco
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All
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$____
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Brazil
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All
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$____
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Namibia
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All
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$____
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Bulgaria
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All
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$____
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Netherlands
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All
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$____
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Burkina Faso*
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All
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$____
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New Zealand
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All
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$____
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Canada
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All
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$____
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Niger*
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All
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$____
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Cayman Islands*
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All
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$____
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Nigeria
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All
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$____
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Channel Islands*
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All
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$____
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Norway
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All
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$____
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Chile
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All
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$____
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Oman
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All
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$____
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China“A” Shares
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All
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$____
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Pakistan
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All
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$____
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China“B” Shares
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All
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$____
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Peru
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All
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$____
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Columbia
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All
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$____
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Philippines
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All
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$____
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Costa Rica
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All
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$____
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Poland
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All
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$____
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Croatia
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All
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$____
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Portugal
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All
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$____
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Cyprus*
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All
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$____
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Qatar
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All
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$____
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Czech Republic
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All
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$____
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Romania
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All
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$____
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Denmark
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All
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$____
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Russia
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Equities/Bonds
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$____
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Ecuador
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All
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$____
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Russia
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MINFINs
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$____
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Egypt
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All
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$____
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Senegal*
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All
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$____
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Estonia
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All
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$____
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Singapore
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All
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$____
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Euromarkets(3)
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All
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$____
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Slovak Republic
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All
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$____
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Finland
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All
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$____
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Slovenia
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All
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$____
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France
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All
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$____
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South Africa
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All
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$____
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Germany
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All
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$____
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South Korea
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All
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$____
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Ghana
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All
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$____
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Spain
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All
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$____
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Greece
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All
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$____
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Sri Lanka
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All
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$____
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Guinea Bissau*
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All
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$____
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Swaziland
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All
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$____
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Hong Kong
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All
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$____
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Sweden
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All
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$____
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Hungary
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All
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$____
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Switzerland
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All
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$____
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Iceland
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All
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$____
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Taiwan
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All
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$____
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India
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All
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$____
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Thailand
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All
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$____
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Indonesia
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All
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$____
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Togo*
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All
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$____
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Ireland
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All
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$____
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Trinidad & Tobago*
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All
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$____
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Israel
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All
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$____
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Tunisia
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All
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$____
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Italy
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All
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$____
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Turkey
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All
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$____
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Ivory Coast
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All
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$____
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UAE
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All
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$____
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Jamaica*
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All
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$____
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United Kingdom
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All
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$____
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Japan
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All
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$____
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Ukraine
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All
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$____
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Jordan
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All
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$____
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Uruguay
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All
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$____
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Kazakhstan
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All
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$____
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Venezuela
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All
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$____
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Kenya
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All
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$____
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Vietnam*
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All
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$____
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Latvia
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Equities
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$____
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Zambia
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All
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$____
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Latvia
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Bonds
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$____
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* Additional customer documentation and indemnification will be required prior to establishing accounts in these markets.
Annual Base Fee - A monthly base charge of $____ per account will apply to The Tocqueville International Value Fund, The Tocqueville Gold Fund and The Delafield Fund. The base charge will be waived for the Tocqueville Small Cap Value Fund, The Tocqueville Fund and The Tocqueville Select Fund as long as the number of foreign securities in each fund remains under twenty five (25).
6/2014
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4 |
Amended Exhibit D (continued) to the Custody Agreement – The Tocqueville Trust
§
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Euroclear – Eurobonds only. Eurobonds are held in Euroclear at a standard rate, but other types of securities (including but not limited to equities, domestic market debt and mutual funds) will be subject to a surcharge. In addition, certain transactions that are delivered within Euroclear or from a Euroclear account to a third party depository or settlement system, will be subject to a surcharge (surcharge schedule available upon request).
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§
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For all other markets specified above, surcharges may apply if a security is held outside of the local market.
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Straight Through Processing – fees waived.
Cash Transactions:
§
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3rd Party Foreign Exchange – a Foreign Exchange transaction undertaken through a 3rd party will be charged $____.
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Tax Reclamation Services: May be subject to additional charges depending upon the service level agreed. Tax reclaims that have been outstanding for more than 6 (six) months with the client will be charged $____ per claim.
Out of Pocket Expenses
§
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Charges incurred by U.S. Bank, N.A. for local taxes, stamp duties or other local duties and assessments, stock exchange fees, postage and insurance for shipping, facsimile reporting, extraordinary telecommunications fees, proxy services and other shareholder communications or other expenses which are unique to a country in which the client or its clients is investing will be passed along as incurred.
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§
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A surcharge may be added to certain out-of-pocket expenses listed herein to cover handling, servicing and other administrative costs associated with the activities giving rise to such expenses. Also, certain expenses are charged at a predetermined flat rate.
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§
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SWIFT reporting and message fees.
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** All fees quoted are payable monthly
6/2014
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5 |
Amended Exhibit D (continued) to the Custody Agreement – The Tocqueville Trust
THE BANK OF NEW YORK MELLON
PRECIOUS METALS STANDARD FEE SCHEDULE
EXCHANGE
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COMMODITY
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STORAGE
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WITHDRAWAL
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N.Y. COMEX
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Gold
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$____
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$____
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N.Y. COMEX
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Silver
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____
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____
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N.Y. Merc.
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Palladium
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____
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____
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N.Y. Merc.
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Platinum
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____
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____
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CBOT – Mini
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Gold/Silver
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____
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____
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CBOT
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Silver/5Bars
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____
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____
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PHYSICAL:
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||||||
Gold –
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||||||
400 oz Bars
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Gold Inventory
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$____
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$____
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100 oz Bars
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Gold Inventory
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____
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____
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Kilo Bars
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Gold Inventory
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____
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____
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Gold Coins
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Gold Inventory
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____
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____
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Silver –
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||||||
1000 oz Bars
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Silver Inventory
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$____
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$____
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100 oz Bars
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Silver Inventory
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____
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____
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Silver Coins
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Silver Inventory
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____
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____ (per coin)
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Silver Bags
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||||||
1000 FV 90%
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Silver Inventory
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$____
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$____ (per bag)
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500 FV 90%
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Silver Inventory
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____
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____ (per bag)
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250 FV 90%
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Silver Inventory
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____
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____ per bag)
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Palladium/Platinum
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||||||
100 oz Bars
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Palladium
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$____
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$____
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50 oz Bars
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Platinum
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____
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____
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Coins
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Palladium
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____
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____
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Coins
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Platinum
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____
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____
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*Storage rates are on a monthly basis.
Registered Mail Fee is $____ per package plus postage and insurance.
Fees are subject to revision.
6/2014
|
6 |