THE JENSEN PORTFOLIO, INC. AMENDMENT TO THE AMENDED AND RESTATED CUSTODY AGREEMENT
THE
XXXXXX PORTFOLIO, INC.
AMENDMENT
TO THE
AMENDED
AND RESTATED CUSTODY AGREEMENT
THIS AMENDMENT dated as of the
16 day of July, 2008, to the Amended and Restated Custody Agreement dated July
1, 2005, as amended (the "Agreement"), is entered into by and between
The Xxxxxx Portfolio,
Inc., an Oregon corporation (the "Company") and U.S. Bank National Association,
a national banking association (the “Custodian”).
RECITALS
WHEREAS, the parties have
entered into an Amended and Restated Custody Agreement; and
WHEREAS, the Company and the
Custodian desire to amend the fees of said Agreement; and
WHEREAS, Article XIV, Section 14.2 of the
Agreement allows for its amendment by a written instrument executed by both
parties.
NOW, THEREFORE, the parties
agree as follows:
Exhibit
C, the fee schedule of the Agreement, is hereby superseded and replaced with the
fee schedule 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 Amendment to be executed by
a duly authorized officer on one or more counterparts as of the day and year
first written above.
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THE
XXXXXX PORTFOLIO, INC.
By:
/s/ Xxxxxx
XxXxxx
Name:
Xxxxxx
XxXxxx
Title:
President
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U.S.
BANK, N.A.
By:
/s/ Xxxxxxx X. XxXxx
Name: Xxxxxxx X.
XxXxx
Title: Vice
President
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1
Exhibit C
to the Amended and Restated Custody Agreement
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The
Xxxxxx Portfolio, Inc.
DOMESTIC
CUSTODY SERVICES
ANNUAL
FEE SCHEDULE at July, 2008
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Annual
fee based upon market value of the fund:
[ ] basis
point on first $[ ] billion
[ ]
basis points on assets greater than $[ ] billion
Minimum
annual fee - $[ ]
Investment
transactions (purchase, sale, exchange,
tender,
redemption, maturity, receipt, delivery):
$[ ]
per disbursement (waived if USBFS is
Administrator)
$[ ]
per book entry security (depository or
Federal
Reserve system)
$[ ]
per asset delivery transaction
$[ ]
per definitive security (physical)
$[ ]
per mutual fund trade
$[ ]
per Euroclear
$[ ]
per principal reduction on pass-through
certificates
$[ ]
per short sale/liability transaction
$[ ]
per option/futures contract
$[ ]
per variation margin
$[ ]
per Fed wire deposit or withdrawal
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Variable
Amount Demand Notes: Used as a short-
term
investment, variable
amount notes offer safety
and
prevailing high interest rates. Our
charge,
which
is [ ] of [ ] %, is deducted from the variable
amount
note
income at the time it is credited to
your
account.
Plus
out-of-pocket expenses, and extraordinary
expenses
based upon complexity.
Fees
are billed monthly, based upon market value
at
the beginning of the month.
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2
Exhibit C
Fee Schedule (continued)
for the
Amended and Restated Custody Agreement – The Xxxxxx Portfolio, Inc.
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CHIEF
COMPLIANCE OFFICER
SUPPORT
SERVICES
FEE
SCHEDULE effective 1/1/08
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Chief
Compliance Officer Support Services
U.S.
Bancorp provides support to the Chief Compliance Officer (CCO) of each
fund serviced either by U.S. Bancorp Fund Services, LLC or Quasar
Distributors, LLC. Indicated below are samples of functions
performed by USBFS in this CCO support role:
●
Business Line
Functions
Supported
● Fund
Administration and
Compliance
● Transfer
Agent and Shareholder
Services
● Fund
Accounting
● Custody
Services
● Securities
Lending
Services
● Distribution
Services
●
Daily Resource to Fund CCO, Fund Board,
Advisor
● Provide
USBFS/USB Critical Procedures & Compliance
Controls
● Daily
and Periodic
Reporting
● Periodic
CCO Conference
Calls
● Dissemination
of Industry/Regulatory
Information
● Client
& Business Line CCO Education &
Training
● Due
Diligence Review of USBFS Service
Facilities
● Quarterly
USBFS
Certification
● Board
Meeting Presentation and Board
Support
● Testing,
Documentation,
Reporting
Annual
Fee Schedule*
●
$[ ] per
service per year
Fees
are billed monthly.
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