EXHIBIT 99-8(g)
AMENDMENT
This AMENDMENT to the Custodian Agreement between State Street Bank and Trust
Company (the "Bank") and Xxxxx Xxxxxxx Investment Company (the "Fund") dated
October 31, 1988 (the "Agreement") is effective as of August 5, 1994.
WHEREAS, the Bank and the Fund desire to clarify in the Agreement certain
provisions related to the delivery and purchase of Fund cash and securities,
respectively:
NOW, THEREFORE, the Fund and the Bank agree that:
1. Notwithstanding Sections 2.2 and 2.7 of the Agreement, entitled Delivery of
Securities and Payment of Fund Monies, respectively, the Bank can (1) make
payment of Fund monies for the purchase of securities prior to the receipt
of such securities; and (2) deliver Fund securities prior to the receipt of
payment for such securities; provided, that the Bank can pay Fund monies
and purchase Fund securities in accordance with this Amendment only to the
extent that the Fund instructs it to do so in writing (the "Instructions"),
which Instructions shall be standing and effective until such time as the
Fund notifies the Bank otherwise in writing.
2. The Fund agrees to indemnify and hold the Bank harmless for any and all
liability arising out of transactions executed in accordance with the
Instructions, except for losses resulting from the Bank's negligence, lack
of good faith, or willful misconduct.
Xxxxx Xxxxxxx Investment Company State Street Bank and Trust Company
By: /s/ Xxxxxxxx Xxxxxxx By: /s/ signature illegible
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Xxxxxxxx Xxxxxxx
Title: Treasurer and Chief Title: Executive Vice President
Accounting Officer
