THIRD AMENDMENT TO SUB-ADMINISTRATION AGREEMENT
Exhibit (g)(8)
THIRD AMENDMENT TO SUB-ADMINISTRATION AGREEMENT
This Third Amendment ("Amendment") to the Sub-Administration Agreement entered into by and between State Street Bank and Trust Company (the "Sub-Administrator") and Fidelity Service Company, Inc. (the "Administrator") dated and effective as of October 11, 2013 (as amended, modified, or supplemented from time to time, the "Agreement") is hereby entered into as of September 12, 2016 (the "Amendment Effective Date"). Terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement.
WHEREAS, the parties now wish to amend Appendix A to the Agreement.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants and agreements hereinafter contained, the parties hereby agree to amend the Agreement, pursuant to the terms thereof, as follows:
1. AMENDMENTS
Appendix A to the Agreement, Listing of Funds, is hereby replaced in its entirety with Appendix A hereto.
2. CONTINUING AGREEMENT
Except as expressly amended by this Amendment, the provisions of the Agreement shall remain in full force and effect.
3. EFFECT OF AMENDMENT
All changes to the Agreement set forth in this Amendment shall be deemed to be effective as of the Amendment Effective Date, except as otherwise specified herein. References to the Agreement in other agreements, documents or instruments shall be deemed to refer to the Agreement, as amended hereby. In the event one or more provisions of the Agreement conflict with this Amendment, the provisions of this Amendment shall control.
4. COUNTERPARTS
This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
5. GOVERNING LAW
This Amendment shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions.
[signature page immediately follows]
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed in its name and behalf by its duly authorized representative as of the Amendment Effective Date.
FIDELITY SERVICE COMPANY, INC.
By: /s/Xxxxxx X. Xxxxxxxx III
Name: Xxxxxx X. Xxxxxxxx III
Title: President
STATE STREET BANK AND TRUST COMPANY
By: /s/Xxxxxx Xxxxxxxx
Name: Xxxxxx Xxxxxxxx
Title: Executive Vice President
APPENDIX "A"
To
Administration Agreement Dated as of October 11, 2013
LISTING OF FUNDS
Updated as of September 12, 2016
Fidelity MSCI Consumer Discretionary Index ETF
Fidelity MSCI Consumer Staples Index ETF
Fidelity MSCI Energy Index ETF
Fidelity MSCI Financials Index ETF
Fidelity MSCI Health Care Index ETF
Fidelity MSCI Industrials Index ETF
Fidelity MSCI Information Technology Index ETF
Fidelity MSCI Materials Index ETF
Fidelity MSCI Telecommunication Services Index ETF
Fidelity MSCI Utilities Index ETF
Fidelity Corporate Bond ETF
Fidelity Limited Term Bond ETF
Fidelity Total Bond ETF
Fidelity MSCI Real Estate Index ETF
Fidelity Core Dividend ETF
Fidelity Dividend ETF for Rising Rates
Fidelity Value Factor ETF
Fidelity Quality Factor ETF
Fidelity Momentum Factor ETF
Fidelity Low Volatility Factor ETF
