BRANDES INVESTMENT TRUST and BRANDES INVESTMENT PARTNERS, L.P. SECOND AMENDMENT TO THE FUND ADMINISTRATION SERVICING AGREEMENT
XXXXXXX
INVESTMENT TRUST and XXXXXXX INVESTMENT PARTNERS, L.P.
SECOND
AMENDMENT TO THE
THIS SECOND AMENDMENT, dated
as of February 28, 2008, to the Fund Administration Servicing Agreement, dated
as of October 18, 2006, as amended December 18, 2007 (the “Agreement”), is
entered into by and among Xxxxxxx Investment Trust, a
Delaware statutory trust (the “Trust”), U.S. Bancorp Fund Services, LLC,
a Wisconsin limited liability company (“USBFS”) and Xxxxxxx Investment Partners, L.P.,
a Delaware limited partnership and the investment advisor to the Trust
(the “Advisor”).
RECITALS
WHEREAS, the parties have
entered into an Agreement; and
WHEREAS, the parties desire to
amend said Agreement; and
WHEREAS, Section 10 of the
Agreement allows for its amendment by a written instrument executed by the
parties.
NOW, THEREFORE, the parties
agree as follows:
Section
10 of the Agreement is hereby superseded and replaced with the
following:
10.
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Term
of Agreement; Amendment
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This
Agreement will continue in effect through October 3, 2008. Subsequent
to October 3, 2008, this Agreement may be terminated by either party upon giving
90 days prior written notice to the other party or such shorter period as is
mutually agreed upon by the parties. Notwithstanding the foregoing,
this Agreement may be terminated by any party upon the breach of the other party
of any material term of this Agreement if such breach is not cured within 15
days of notice of such breach to the breaching party. This Agreement
is the entire agreement between the parties with respect to the matters covered
hereby and supersedes the Prior Agreement and all prior agreements with respect
to the subject matter hereof and may not be amended or modified in any manner
except by written agreement executed by USBFS, the Advisor and the Trust, and
authorized or approved by the Board of Trustees.
Except to
the extent amended hereby, the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the
parties hereto have caused this Second Amendment to be executed by a duly
authorized officer on one or more counterparts as of the date and year first
written above.
XXXXXXX
INVESTMENT TRUST
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U.S.
BANCORP FUND SERVICES, LLC
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By: /s/Xxxxx
XxXxxxx-Xxxxxx
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By:
/s/Xxxxxxx X.
XxXxx
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Name:
Xxxxx
XxXxxxx-Xxxxxx
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Name:
Xxxxxxx X.
XxXxx
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Title:
President,
Xxxxxxx Investment Trust
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Title:
Executive Vice
President
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XXXXXXX
INVESTMENT PARTNERS, L.P.
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By:
/s/Xxxxx X.
Xxxxxxx
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Name:
Xxxxx X.
Xxxxxxx
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Title:
Chief Executive
Officer
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