Exhibit (h)(98)
FORM OF FOURTH AMENDMENT TO
AGREEMENT DATED DECEMBER 10, 2002
THIS FOURTH AMENDMENT is made this 1st day of February, 2010, between JANUS
INVESTMENT FUND, a Massachusetts business trust (the "Trust"), and JANUS CAPITAL
MANAGEMENT LLC, a Delaware limited liability company ("JCM").
WITNESSETH
WHEREAS, the Trust and JCM are parties to an Agreement on behalf of INTECH
Risk-Managed Core Fund (the "Fund"), dated December 10, 2002, as amended
February 26, 2006, October 2, 2008, and February 27, 2009 (the "Agreement");
WHEREAS, JCM and the Trust desire to amend the Agreement as set forth in
greater detail below; and
WHEREAS, the name of Class J Shares will be changed to Class T Shares
effective February 16, 2010;
WHEREAS, Class D Shares will be established effective February 16, 2010;
NOW, THEREFORE, in consideration of the premises and of the mutual
agreements set forth below, the parties agree to amend the Agreement as follows:
1. Paragraph 3 of the Agreement shall be deleted in its entirety.
2. The parties acknowledge that the Agreement, as amended, remains in full
force and effect as of the date of this Amendment, and that this Amendment,
together with the Agreement and any prior amendments, contains the entire
understanding and the full and complete agreement of the parties and supercedes
and replaces any prior understandings and agreements among the parties
respecting the subject matter hereof.
3. This Amendment may be contemporaneously executed in two or more
counterparts, each of which shall be deemed an original but all of which
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused their duly authorized officers
to execute this Amendment as of the date first above written.
JANUS CAPITAL MANAGEMENT LLC
By:
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Xxxxxxxx X. Xxxxxxxxx,
Vice President and Assistant
General Counsel
JANUS INVESTMENT FUND
By:
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Xxxxxxxxx Xxxxxxxxxx-Xxxxxx
Vice President, Chief Legal Counsel
and Secretary
