EXHIBIT 8(g)
AMENDMENT TO CUSTODIAN CONTRACT
Agreement made by and between STATE STREET BANK AND TRUST COMPANY (the
"Custodian") and XXXXXXX GLOBAL FUND, INC. (the "Fund").
WHEREAS, the Custodian and the Fund are parties to a custodian contract
dated July 24, 1986 (the "Custodian Contract") governing the terms and
conditions under which the Custodian maintains custody of the securities and
other assets of the Fund; and
WHEREAS, the Fund desires to amend the Custodian Contract to provide for
the maintenance of its foreign securities, and cash incidental to transactions
in such securities, in the custody of The Chase Manhattan Bank N.A. ("Chase")
and the banking institutions and foreign securities depositories it employs for
such purposes and to delete certain provisions of the Custodian Contract as
originally stated;
NOW, THEREFORE, in consideration of the mutual agreements contained in the
Custodian Contract and herein, the Custodian and the Fund hereby amend the
Custodian Contract and agree to the following terms and conditions and to amend
the Custodian Contract as follows:
1. The Fund hereby authorizes and instructs the Custodian to employ
Chase as sub-custodian for the Fund's foreign securities, and cash
incidental to transactions in such securities, on the terms and
conditions set forth in the Sub-Custody Contract
between the Custodian and Chase which is attached hereto as Exhibit
"A" (the "Sub-Custody Contract"). Upon proper instructions to the
Custodian the Fund may limit or terminate the use of Chase foreign
sub-custodians.
2. The Custodian hereby agrees to enter into the Sub-Custody Contract
and to provide such services to the Fund and in accordance with such
contract as necessary for foreign custody services to be provided
pursuant thereto.
3. Notwithstanding anything to the contrary in the Custodian Contract,
the Custodian shall not be liable to the Fund for any loss, damage,
cost, expense, liability or claim arising out of or in connection
with the maintenance of custody of the Fund's foreign securities and
cash by Chase or by any other banking institution or securities
depository employed pursuant to the terms of the Sub-Custody
Contract, except that the Custodian shall be liable for any such
loss, damage, cost, expense, liability or claim to the extent
attributable to the failure of the Custodian to exercise reasonable
care in the performance of its duties thereunder. At the election of
the Fund, the Fund shall be entitled to be subrogated to the rights
of the Custodian under the Sub-Custody Contract with respect to any
claims arising thereunder against Chase or any other banking
institution or securities
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depository employed by Chase if and to the extent that the Fund has
not been made whole therefor.
4. The Custodian assumes no responsibility and makes no representations
as to the maintenance of foreign securities and cash pursuant to the
terms of the Sub-Custody Contract, or as to whether such maintenance
complies with all applicable rules, regulations, interpretations and
orders of the Securities and Exchange Commission.
5. Article II Section Q of the Custodian Contract is deleted in its
entirety, and any reference to such section is of no further effect,
and the provisions of the Custodian Contract as they may relate to
the appointment of a foreign sub-custodian and the duties of such
foreign sub-custodian shall be governed by this Amendment to the
Custodian Contract.
6. In all other respects the Custodian Contract shall remain in full
force and effect except as amended hereby.
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IN WITNESS WHEREOF, each of the parties has caused this instrument to be
executed in its name and behalf by its duly authorized representative as of the
30th day of November, 1990.
XXXXXXX GLOBAL FUND, INC.
ATTEST: By: /s/ Xxxxx X. Xxx
--------------------------------
(Title)
/s/ Xxxxxxx X. Xxxxx
--------------------------- STATE STREET BANK AND TRUST COMPANY
(Title)
ATTEST: By: /s/ Illegible
--------------------------------
Vice President
/s/ Illegible
---------------------------
Assistant Secretary
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