AMENDMENT TO THE CUSTODY AGREEMENT
AMENDMENT
TO THE
THIS
AMENDMENT
dated as
of this 15th day
of December , 2005, to the Custody
Agreement, dated as of May 1, 2000 and Amendments to the Custody Agreement
dated
October 17, 2000 and March 29, 2001 (collectively, the "Agreement"), is entered
into by and between Kinetics
Mutual Funds, Inc.,
a
Maryland corporation (the "Trust"), Kinetics
Portfolio Trust, a
Delaware business trust, and U.S.
Bank, N.A.,
a
national banking association (the "Custodian").
RECITALS
WHEREAS,
the
parties have entered into a Custody Agreement; and
WHEREAS,
the
parties desire to extend said Agreement to The Market Opportunities Fund and
The
Market Opportunities Portfolio; and
WHEREAS,
the
Agreement allows for its amendment by a written instrument executed by the
parties;
NOW,
THEREFORE,
the
parties agree as follows:
Exhibit
A
of the Agreement is hereby superceded and replaced with Exhibit A attached
hereto.
Effective
January 1, 2002, the name Firstar Mutual Fund Services, LLC has been changed
to
U.S. Bancorp Fund Services, LLC. Accordingly, all references to Firstar Mutual
Fund Services, LLC in this Agreement should be replaced with U.S. Bancorp Fund
Services, LLC. Similarly, any references to Firstar Bank, N.A. should be
replaced with U.S. Bank, N.A.
Except
to
the extent amended hereby, the Agreement shall remain in full force and
effect.
IN
WITNESS WHEREOF,
the
parties hereto have caused this Amendment to be executed by a duly authorized
officer on one or more counterparts as of the date and year first written
above.
KINETICS
MUTUAL FUNDS, INC. / U.S.
BANCORP FUND SERVICES, LLC
KINETICS
PORTFOLIO TRUST
| By: /s/ Xxxxxx Xxxxxxxx | By: /s/ Xxx X. Xxxxxxx |
| Name: Xxxxxx Xxxxxxxx | Name: Xxx X. Xxxxxxx |
| Title: Treasurer | Title: President |
Exhibit
A
Custody
Services
Annual
Fee Schedule - Domestic Funds/Portfolios
Separate
Series of Kinetics Mutual Funds, Inc.
Name
of
Series
The
Medical Fund/ The Medical Portfolio
The
Internet Fund/ The Internet Portfolio
The
Internet Emerging Growth Fund/ The Internet Emerging Growth
Portfolio
The
Paradigm Fund/ The Paradigm Portfolio
The
Small
Cap Opportunities Fund/ The Small Cap Opportunities Portfolio
The
Kinetics Government Money Market Fund/ The Kinetics Government Money Market
Portfolio
The
Market Opportunities Fund/The Market Opportunities Portfolio
Annual
fee based upon market value
1
basis
point per year
Minimum
annual fee per fund - $3,000
Investment
transactions (purchase, sale, exchange, tender, redemption, maturity, receipt,
delivery):
$12.00
per book entry security (depository or Federal Reserve system)
$25.00
per definitive security (physical)
$25.00
per mutual fund trade
$75.00
per Euroclear
$
8.00
per principal reduction on pass-through certificates
$35.00
per option/futures contract
$15.00
per variation margin
$15.00
per Fed wire deposit or withdrawal
$
6.00
per repurchase transaction
Variable
Amount Demand Notes: Used as a short-term investment, variable amount notes
offer safety and prevailing high interest rates. Our charge, which is 1/4 of
1%,
is deducted from the variable amount note income at the time it is credited
to
your account.
Plus
out-of-pocket expenses, and extraordinary expenses based upon
complexity
Fees
and
out-of-pocket expenses are billed to the fund monthly, based upon market value
at the beginning of the month
Updated:
December
9, 2005
