AMENDMENT TO
MUTUAL FUND SERVICES AGREEMENT
This Amendment to the Mutual Fund Services agreement ("Amendment") is entered
into and effective as of December 2008, by and between OneAmerica Funds, Inc., a
Maryland corporation (the "Fund"), and Unified Fund Services, Inc., an Indiana
Corporation ("Unified").
WHEREAS, the Fund and Unified entered into a Mutual Fund Services Agreement
dated as of March 10, 2006 (the "Agreement"), and they desire to amend the
Agreement as provided herein.
NOW THEREFORE, in consideration of the mutual covenants and promises set forth
herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby agree as follows:
1. Amendment. Effective immediately, the following sections of the Agreement
are amended as follows:
(a) Section 5(a) of the Agreement is hereby amended to add the following
subsection (iv):
(iv) Market Timing Monitoring and Analysis Program, as described on Exhibit
D to this Agreement.
(b) Section 6(a) of the Agreement is hereby deleted in its entirety and
replaced with the following:
Section 6. Fees: Expenses: Expense Reimbursement.
(a) As compensation for the services rendered to the Fund pursuant to
this Agreement the Fund shall pay Unified on a monthly basis
those fees determined as set forth in Exhibits C and D to this
Agreement. The fees set forth on Exhibits C and D may be adjusted
from time to time by agreement of the parties. Upon any
termination of this Agreement before the end of any month, the
fee for the part of the month before such termination shall be
equal to the fee normally due for the full month period and shall
be payable without setoff, upon the date of termination of this
Agreement.
2. Ratification and Confirmation of Agreement. Except as specifically set
forth herein, the Agreement is hereby ratified and confirmed in all
respects and shall remain in full force and effect.
3. Counterparts. This Amendment may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one
and the same instrument.
4. Defined Terms. Any capitalized word not otherwise defined in this Amendment
shall have the meaning given to such word in the Agreement.
5. Modification and Governing Law. This Amendment may not be modified except
by a writing signed by authorized representatives of the parties to this
Amendment. This Amendment shall be governed by and construed and
interpreted in accordance with the laws of the State of Indiana.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Mutual Fund
Services Agreement effective as of the date first above written.
ONEAMERICA FUNDS, INC. UNIFIED FUND SERVICES, INC.
By: /s/ Xxxxxx Xxxxxxx By: /s/ Xxxxxxx X. Xxxxxxxxx
Assistant Treasurer Senior Vice President
/s/ Xxxx Xxxxxx
Vice Pres.
2
Exhibit D
MARKET TIMING MONITORING & ANALYSIS PROGRAM DESCRIPTION AND FEE SCHEDULE
General Description of the Program
The following is a general description of the Unified Market Timing Monitoring
and Analysis Program. During the term of this Agreement, Unified Fund Services,
Inc. ("Unified") shall provide to OneAmerica Funds, Inc. (the "Fund") the
following services:
Unified will provide automated market timing monitoring and analysis, as well as
data collection, which is reasonably designed to ensure that the Fund and the
Portfolios comply with Rule 22c-2 under the Investment Company Act. This support
includes system set up; ongoing monitoring; reporting of any suspected market
timing activity to the Fund's CCO; interfacing with and requesting information
from third party financial intermediaries; and restricting accounts to the
extent necessary to prevent potential market timing activities.
Unified will provide quarterly certifications o the Fund that is has complied
with its compliance policies and procedures performed in respect of the
Portfolios. On an annual basis during the term of this Agreement, Unified will
certify to the Fund's Board of Trustees that it has implemented, monitored, and
reported all pertinent information to an appropriate officer of the Fund and
that it will continue to perform the specific requirements of Unified's
Compliance Support Program in accordance with the terms of this Agreement.
With respect to each Portfolio in existence on or after the effective date of
this amendment to the Mutual Fund Services Agreement, the prices contained
herein are effective for twelve months from such date:
$320 per portfolio per month
$4,000 one time set up fee
Any third party fees, such as NSCC or third party intermediary fees,
will be passed through to the Fund
Base price includes 2,000 trades per fund per month, cumulative (ie.,
trades may be aggregated for fund complex); trades in excess of the
cumulative total are $0.05 per trade
Ad hoc data retrieval $50 per request
Development of non-standard data file interfaces - $200 per hour
