FOURTH AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
FOURTH
AMENDMENT TO THE
THIS
FOURTH AMENDMENT dated as of this ____ day of _____________, 2007, to
the Fund Accounting Servicing Agreement, dated as of December 15, 2005, as
amended June 16, 2006, December 15, 2006, and March 5, 2007, is entered into
by
and among Kinetics Mutual Funds, Inc., a Maryland corporation,
Kinetics Portfolios Trust, a Delaware business trust and
U.S. Bancorp Fund Services, LLC, a Wisconsin limited
liability
company.
RECITALS
WHEREAS,
the parties have entered into a Fund Accounting Servicing Agreement dated as
of
December 15, 2005, as previously amended (the “Agreement”); and
WHEREAS,
the parties desire to amend the Agreement; and
WHEREAS,
Section 15 of the Agreement allows for its amendment by a written instrument
executed by the parties.
NOW,
THEREFORE, the parties agree as follows:
Exhibit
A
and Exhibit B are hereby superseded and replaced with Exhibit A and Exhibit
B
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 Fourth Amendment
to be executed by a duly authorized officer on one or more counterparts as
of
the date and year first written above.
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KINETICS
MUTUAL FUNDS, INC.
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U.S.
BANCORP FUND SERVICES, LLC
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By: ___________________________________
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By: __________________________________
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Name: __________________________________
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Name: ________________________________
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Title: ___________________________________
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Title: _________________________________
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KINETICS
PORTFOLIOS TRUST
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By: _____________________________________
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Name: ___________________________________
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Title: ____________________________________
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1
Exhibit
A
to
the Fund Accounting Servicing Agreement – Kinetics Mutual Funds, Inc. and
Kinetics Portfolios Trust
Separate
Series of Kinetics Mutual Funds, Inc. – Feeder Funds
Name
of Series
The
Internet Fund
The
Internet Emerging Growth Fund
The
Paradigm Fund
The
Medical Fund
The
Small
Cap Opportunities Fund
The
Kinetics Government Money Market Fund
The
Market Opportunities Fund
The
Water
Infrastructure Fund
The
Multi-Disciplinary Fund
Separate
Series of Kinetics Portfolios Trust – Master Investment
Portfolios
Name
of Series
The
Internet Portfolio
The
Internet Emerging Growth Portfolio
The
Paradigm Portfolio
The
Medical Portfolio
The
Small
Cap Opportunities Portfolio
The
Kinetics Government Money Market Portfolio
The
Market Opportunities Portfolio
The
Water
Infrastructure Portfolio
The
Multi-Disciplinary Portfolio
2
Exhibit
B
to
the
Fund
Accounting Servicing Agreement – Kinetics Mutual Funds, Inc.
and
Kinetics
Portfolios Trust
Fee
Schedule at __________ 2007 – Master Portfolios
The
Internet Portfolio, The Medical Portfolio, The Internet Emerging Growth
Portfolio, The Paradigm Portfolio, The Small Cap Opportunities Portfolio, The
Kinetics Government Money Market Portfolio, The Market Opportunities Portfolio,
The Water Infrastructure Portfolio and The Multi-Disciplinary Portfolio shall
incur the following fee schedule:
Annual
fee based on complex of Master Portfolios net assets:
* [___]
basis points on the first [___]
* [___]
basis points on the balance
Plus
out-of-pocket expenses, including pricing service:
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Domestic
and Canadian Equities
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[___]
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Options
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[___]
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Corp/Gov/Agency
Bonds
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[___]
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CMOs
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[___]
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Currency
transactions
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[___]
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International
Equities and Bonds
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[___]
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Municipal
Bonds
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[___]
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Money
Market Instruments
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[___]
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Mutual
Funds
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[___]/fund/mo.
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Fees
and out-of-pocket expenses are billed to the fund
monthly. Note: all schedules subject to change depending
upon the use of derivatives – options, futures, short sales,
etc.
Annual
fee schedule at ______________________ 2007 – Feeder Funds
The
Internet Fund, The Medical Fund, The Internet Emerging Growth Fund, The Paradigm
Fund, The Small Cap Opportunities Fund, The Kinetics Government Money Market
Fund, The Market Opportunities Fund, The Water Infrastructure Fund and The
Multi-Disciplinary Fund shall incur the following fee
schedule:
[___]
of [___] basis point on complex of Feeder Fund net assets
Minimum
Annual Fee of [___]. Note: Minimum is based on the
combined fees for both the Master Portfolios and the Feeder Funds and does
not
include pricing of securities fees.
3
