NSCC FUND/SERV NETWORKING SERVICE AGREEMENT
This Agreement between Firstar Trust Company (FTC) and The Xxxxxxxx Xxxxxx
Trust a Delaware business trust, (hereinafter called the "Fund") is entered
into on this sixteenth day of January, 1998.
WHEREAS, the Fund provides investment opportunities to prospective shareholders
through a family of open end mutual funds; and
WHEREAS, FTC provides transfer agency services to mutual funds;
NOW, THEREFORE, the parties agree as follows:
DUTIES AND RESPONSIBILITIES OF FTC
1. Implement all necessary programming with FTC's transfer agency
system and NSCC's (National Securities Clearing Corporation) interface that
serves as clearinghouse for mutual fund trades. Typically, programming time
ranges six to eight weeks. See funds listed in the attached Schedule A which may
be modified from time to time.
2. Support all four levels of NSCC Fund/Serv networking functionality
in order to receive and transmit transaction information to the appropriate
third party.
DUTIES AND RESPONSIBILITIES OF THE FUND
1. Supply FTC with MRO and Alpha code information which is required to
establish a system connection with NSCC.
COMPENSATION
The Fund agrees to compensate FTC for the services performed under this
agreement in accordance with the attached Schedule B; the Fund agrees to pay all
invoices within ten days of receipt.
PROPRIETARY AND CONFIDENTIAL INFORMATION
FTC agrees on behalf of itself and its directions, officers, and employees to
treat confidentiality and as proprietary information of the Fund all records and
other information relative to the Fund and prior, present, or potential
shareholders of the Fund (and clients of said shareholders), and not to use such
records and information for any purpose other than performance of its
responsibilities and duties thereunder, except after prior notification to and
approval in writing by the Fund, which approval shall not be unreasonably
withheld and may not be withheld where FTC may be exposed to civil or criminal
contempt proceedings for failure to comply, when requested to divulge such
information by duly constituted authorities, or when so requested by the Fund.
THE XXXXXXXX XXXXXX TRUST FIRSTAR TRUST COMPANY
By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxx X. Xxxxxxx
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Print: Xxxxxx X. Xxxxxx Print: Xxx X. Xxxxxxx
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Title: Chairman Title: Senior Vice President
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Date: 1-16-98 Date: 1/22/98
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Attest:/s/ Xxxxxxx Xxxxxxxx Attest: /s/ Xxxx X. Xxxx
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SCHEDULE A
Xxxxxxxx Xxxxxx Value Plus Fund
SCHEDULE B MUTUAL FUND SERVICES
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NSCC CHARGES
FUND/SERV NETWORKING FEES
THE XXXXXXXX XXXXXX TRUST
Firstar Setup Charges (pass through costs):
o Setup Fee (included in Transfer Agency Minimum) o Fund/SERV &
Networking (included in Transfer Agency) Minimum
o ACATS $0
o Exchanges $0
o Commissions $5,000 (optional)
Monthly Billing Charges NSCC-NY (pass through costs):
o Fund/SERV base fee (per month) $ 50.00
o Networking base fee (per month) $250.00
o CPU Access Fee (per month) $ 40.00
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MINIMUM MONTHLY FEE (W/O TRANSACTIONS) $340.00
Fund/SERV Transaction Charges (pass through costs):
o Per Transaction Charge for same day trades $0.15
o Per Transaction Charge for next day trades $0.10
o Fund/SERV Transaction Charge (per item) $0.35
o Networking Transaction Charge (per item) $0.025 for monthly dividend
funds
o $0.015 for other dividend funds
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FIRSTAR
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