FIFTH AMENDMENT TO THE ALPHA ARCHITECT ETF TRUST CUSTODY AGREEMENT
FIFTH AMENDMENT TO THE
ALPHA ARCHITECT ETF TRUST CUSTODY AGREEMENT
This Fifth Amendment, effective as of the last date on the signature block, to the Custody Agreement, dated as of October 8, 2014, as amended (the “Agreement”), is entered into by and between Alpha Architect ETF Trust, a Delaware statutory trust (the “Trust”) and U.S. Bank National Association, a national banking association (the “Custodian”).
RECITALS
WHEREAS, the parties have entered into the Agreement;
WHEREAS, the parties desire to extend the term of the Agreement, to add additional Funds, and to amend the fees; and
WHEREAS, Article XV, Section 15.02 of the Agreement allows for its amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. | Article XIII, Section 13.01 shall be superseded and replaced in its entirety with the following: |
Effective Period. This Agreement shall continue in effect until August 31, 2024. This Agreement shall thereafter automatically renew for successive one (1) year terms unless either party provides written notice at least 90 days prior to the end of the then current term that it will not be renewing the Agreement.
2. | Article XIII, Section 13.03 shall be superseded and replaced in its entirety with the following: |
In the absence of any material breach of this Agreement, should the Trust elect to terminate this Agreement, in whole or with respect to one or more Funds, prior to the end of the then current term, the Trust agrees to pay the termination fees specified on Exhibit C, as well as:
(a) | All fees associated with converting services to a successor service provider; |
(b) | All fees associated with any record retention and/or tax reporting obligations that may not be eliminated due to the conversion to a successor service provider; and |
(c) | All out-of-pocket costs associated with (a) – (b) above. |
3. | The Amended Exhibit B is superseded and replaced in its entirety with the Amended Exhibit B attached hereto. |
4. | Exhibit C is superseded and replaced in its entirety with the Exhibit C attached hereto. |
IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year last written below.
ALPHA ARCHITECT ETF TRUST | U.S. BANK, N.A. | ||||
By: | By: | ||||
Name: | Name: | ||||
Title: | Title: | ||||
Date: | Date: |
Amended Exhibit B to the
Alpha Architect ETF Trust Custody Agreement
Separate Series of Alpha Architect ETF Trust
Name of Series
Alpha Architect U.S. Quantitative Value ETF
Alpha Architect International Quantitative Value ETF
Alpha Architect U.S. Quantitative Momentum ETF
Alpha Architect International Quantitative Momentum ETF
Alpha Architect Value Momentum Trend ETF
Freedom 100 Emerging Markets ETF
Xxxxxx.XX Xxxx-Xxxxx Bear-Fighter ETF
Xxxxxx.XX Tactical Growth and Income ETF