AMENDMENT TO COMPLIANCE SERVICES AGREEMENT
Exhibit
(h)(5)(b)
AMENDMENT dated as of April 29, 2005, between THE XXXXXX XXXXXXXXX TRUST (the “Trust”), a Delaware
business trust having its principal place of business at Five Tower Bridge 000 Xxxx Xxxxxx Xx.
Xxxxx 000, Xxxx Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, and BISYS FUND SERVICES OHIO, INC. (“BISYS”), an
Ohio corporation having its principal place of business at 0000 Xxxxxxx Xxxx, Xxxxxxxx, Xxxx 00000,
to that Compliance Services Agreement dated September 14, 2004, (the “Agreement”), under which
BISYS performs compliance services for the Trust.
WHEREAS, the parties hereto wish to extend the term of the Agreement.
NOW THEREFORE, in consideration of the covenants herein contained, the Trust and BISYS hereby
agree as follows:
1. | Effective as of September 14,2005, the Annual Fee under Compliance Services Fees in Schedule A is hereby amended and restated as follows: | ||
Annual Fee: $110,000 per year | |||
2. | Miscellaneous. |
(a) Capitalized Terms used but not defined in this Amendment have the respective meanings
ascribed to them in the Agreement.
(b) The provisions set forth in this Amendment supersede all prior negotiations,
understandings and agreements bearing upon the subject matter covered herein, including any
conflicting provisions of the Agreement or any provisions of the Agreement that directly cover or
indirectly bear upon matters covered under this Amendment.
(c) Except as expressly provided in this Amendment, the provisions of the Agreement remain
unchanged and in full force and effect.
(d) Paragraph headings in this Amendment are included for convenience only and are not
to be used to construe or interpret this Amendment.
(e) This Amendment may be executed in counterparts, each of which shall be an original but
all of which, taken together, shall constitute one and the same agreement.
* * * * *
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed all as
of the day and year first above written.
THE XXXXXX XXXXXXXXX TRUST |
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By: | /s/ Xxxxxx Xxxx | |||
Name: | Xxxxxx Xxxx | |||
Title: | VP + Treasurer | |||
BISYS FUND SERVICES OHIO, INC. |
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By: | /s/ Xxxx Xxxxxxx | |||
Name: | Xxxx Xxxxxxx | |||
Title: | President | |||
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