FIRST AMENDMENT TO CUSTODIAN AGREEMENT
This First Amendment to the Custodian Agreement (the "Amendment") is
made as of December 1, 2000, by and between American Express Trust Company (the
"Customer") and The Bank of New York (the "Custodian").
RECITALS
FIRST: Customer and Custodian have previously entered into a certain Custodian
Agreement dated as of May 13, 1999 (the "Custodian Agreement"), and Customer
and Custodian now wish to amend certain provisions of the Custodian Agreement,
including certain Schedules thereto.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Customer and Custodian agree as
follows:
1. The reference to "Service Agreement" in the last sentence of Section I of
the Custodian Agreement is hereby replaced with the words "Service Level
Outline".
2. The references to "Appendix I" in the last sentence of Section I is each
hereby replaced with the words "Appendix A".
3. Section 14 of the Custodian Agreement is hereby revised to read as follows:
This Agreement together with Appendix A and Appendix I attached hereto
and any Schedules attached hereto constitutes the entire agreement
between the Customer and the Custodian relating to the custody of the
Accounts' assets.
4. Schedules I and 11 of the Custodian Agreement is hereby amended as attached
hereto.
5. Schedule IV of the Custodian Agreement is amended as attached hereto.
6. The amendments set forth in paragraphs 1, 2 and 3 above, shall be effective
as of May 13. 1999. The amendments set forth in paragraph 3 above, shall be
effective as of May 23, 2001.
IN WITNESS WHEREOF, each party has caused this Amendment to be executed on its
behalf by its duly authorized officers. All other terms of the Custodian
Agreement remain in place.
AMERICAN EXPRESS TRUST COMPANY
BY: /s/ Xxxx Xxxxx
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NAME: Xxxx Xxxxx
TITLE: Vice President
THE BANK OF NEW YORK
BY: /s/ Xxxxxx X. XxXxxx
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NAME: Xxxxxx X. XxXxxx
TITLE: Vice President
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