EXHIBIT (h)(6)
AMENDMENT TO
FUND ACCOUNTING AGREEMENT
THIS AMENDMENT is made as of July 21, 2006, between American
Performance Funds (the "Trust"), and BISYS Fund Services Ohio, Inc. ("BISYS"),
to that certain Fund Accounting Agreement dated July 1, 2004 (as amended, the
"Agreement").
WHEREAS, the parties entered into the Agreement, pursuant to which
BISYS provides certain fund accounting services for the underlying portfolios
(the "Funds") of the Trust; and
WHEREAS, the Trust desires that BISYS provide services with respect to
Form N-Q, and BISYS is willing to provide such services on the terms set forth
below.
NOW, THEREFORE, in consideration of the mutual promises and covenants
hereinafter contained, the parties hereby agree as follows:
1. FORM N-Q SERVICES AND FEES
(a) The Agreement is hereby amended by the addition of the following
under Section 1 (d) (ii):
"(I) Prepare, review, and file holdings reports on Form N-Q as
required at the end of the first and third fiscal quarters of
each year."
(b) Schedule B of the Agreement is hereby amended by the addition of
the following:
"Fee for Form N-Q services: $3,000 per Fund per filing"
2. EFFECTIVE DATE
The effective date of this Amendment is November 30, 2004 (the
"Effective Date"); provided, however, that Form N-Q services for the fiscal
quarter ending November 30, 2004 will be provided at no charge.
3. MISCELLANEOUS
(a) The provisions set forth in this Amendment supersede all prior
negotiations, understandings and agreements bearing upon the subject matter
covered this Amendment, including any conflicting provisions of the Agreement.
(b) Section headings in this Amendment are included for convenience
only and are not to be used to construe or interpret this Amendment.
(c) This Amendment may be executed in counterparts, each of which shall
be an original but all of which, taken together, shall constitute one and the
same agreement.
(d) Capitalized terms used but not defined in this Amendment have the
respective meanings ascribed to them in the Agreement.
(e) Except as provided in this Amendment, the provisions of the
Agreement remain unchanged and in full force and effect.
(f) The terms of this Amendment shall be in addition to the terms of
the Agreement; provided, however, that in the event of a conflict between the
terms of this Amendment and the terms of the Agreement, this Amendment shall
control.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed all as of the day and year first above written.
AMERICAN PERFORMANCE FUNDS
By: /s/ Xxxxxxxx X. Xxxxxxx
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Name: Xxxxxxxx X. Xxxxxxx
Title: President
BISYS FUND SERVICES OHIO, INC.
By: /s/ Xxxx Xxxxxxx
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Name: Xxxx Xxxxxxx
Title: President
