Kinetics Mutual Funds, Inc. and Kinetics Portfolios Trust Amendments to the Transfer Agent Servicing Agreement
Kinetics
Mutual Funds, Inc. and Kinetics Portfolios Trust
Amendments
to the Transfer Agent Servicing Agreement
THIS
AMENDMENT dated as of March 7,
2002 to the Transfer Agent Servicing Agreement, as amended, dated as of May
1,
2000, by and between Kinetics Mutual Funds, Inc., a Maryland corporation, (the
“Fund”), and Kinetics Portfolios Trust, a Delaware business trust, (the
“Portfolio”) and U.S. Bancorp Fund Services, LLC (formerly Firstar Mutual Fund
Services, LLC) “USBFS”, a Wisconsin limited liability company shall be as
follows:
Paragraph
7 Proprietary and
Confidential Information shall be amended and replaced in its entirety as
follows:
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7.
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Proprietary
and Confidential
Information
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USBFS
agrees on behalf of itself and its directors, officers, and employees to treat
confidentially and as proprietary information of the Company all records and
other information relative to the Company and prior, present, or potential
shareholders (and clients of said shareholders) and not to use such records
and
information for any purpose other than the performance of its responsibilities
and duties hereunder, except after prior notification to and approval in writing
by the Company, which approval shall not be unreasonably withheld and may not
be
withheld where USBFS may be exposed to civil or criminal contempt proceedings
for failure to comply after being requested to divulge such information by
duly
constituted authorities, or when so requested by the Company.
Further,
USBFS will adhere to the privacy policies adopted by the Trust pursuant to
Title
V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time (the
“Act”). Notwithstanding the forgoing, USBFS will not share any
nonpublic personal information concerning any of the Trust’s shareholders with
any third party unless specifically directed by the Trust or allowed under
one
of the exceptions noted under the Act.
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 day and year
first written above.
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Kinetics
Portfolios Trust/The Kinetics Mutual Funds, Inc.
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U.S.
BANCORP FUND SERVICES, LLC
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By: /s/
Xxxxxx Xxxxxxxx
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By: /s/
Xxxxxxx X. XxXxx
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