KINETICS MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST FIRST AMENDMENT TO THE CUSTODY AGREEMENT

KINETICS MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST

FIRST AMENDMENT TO THE CUSTODY AGREEMENT

THIS FIRST AMENDMENT dated as of this 15th day of December, 2006, to the Custody Agreement, dated as of June 26, 2006, is entered into by and among Kinetics Mutual Funds, Inc., a Maryland corporation, Kinetics Portfolios Trust, a Delaware business trust and U.S. Bank National Association, a national banking association organized and existing under the laws of the United State of America with its principal place of business at Cincinnati, Ohio.

RECITALS

WHEREAS, the parties have entered into a Custody Agreement dated as of June 26, 2006 (the “Agreement”); and

WHEREAS, the parties desire to amend the Agreement; and

WHEREAS, Article 14.2 of the Agreement allows for its amendment by a written instrument executed by the parties;

NOW, THEREFORE, the parties agree as follows:

Exhibit D, the fee schedule of the Agreement, is hereby superseded and replaced with Exhibit D attached hereto.

Except to the extent amended hereby, the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this First 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. BANK NATIONAL ASSOCIATION
By: /s/ Xxxxx X. Xxxxx		By: /s/ Xxxxxxx X. XxXxx
Name: Xxxxx X. Xxxxx		Name: Xxxxxxx X. XxXxx
Title: President		Title: Vice President
KINETICS PORTFOLIOS TRUST
By: /s/ Xxxxx X. Xxxxx
Name: Xxxxx X. Xxxxx
Title:  President