THE JENSEN PORTFOLIO, INC. AMENDMENT TO THE AMENDED AND RESTATED FUND ADMINISTRATION SERVICING AGREEMENT
THE
XXXXXX PORTFOLIO, INC.
AMENDMENT
TO THE
AMENDED
AND RESTATED FUND ADMINISTRATION SERVICING AGREEMENT
THIS AMENDMENT dated as of
this 16 day of July, 2008, to the Amended and Restated Fund Administration
Servicing Agreement dated as of July 28, 2004, as amended (the "Agreement"), is
entered into by and between The
Xxxxxx Portfolio, Inc., an Oregon corporation (the "Company") and U.S. Bancorp Fund Services, LLC,
a Wisconsin limited liability company ("USBFS").
RECITALS
WHEREAS, the parties have
entered into an Amended and Restated Fund Administration Servicing Agreement;
and
WHEREAS, the Company and USBFS
desire to amend the fees of said Agreement; and
WHEREAS, Section 6 of the Agreement
allows for its amendment by a written instrument executed by both
parties.
NOW, THEREFORE, the parties
agree as follows:
Exhibit
A, the fee schedule of the Agreement, is hereby superseded and replaced with the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.
THE
XXXXXX PORTFOLIO, INC.
By:
/s/ Xxxxxx
XxXxxx
Name:
Xxxxxx
XxXxxx
Title:
President
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U.S. BANCORP FUND SERVICES, LLC
By: /s/ Xxxxxxx X.
XxXxx
Name: Xxxxxxx
X.
XxXxx
Title: Executive Vice
President
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1
Exhibit A
to the Amended and Restated Fund Administration Agreement
The
Xxxxxx Portfolio, Inc.
FUND
ADMINISTRATION SERVICES
ANNUAL
FEE SCHEDULE at
July, 2008
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Annual
fee based upon assets per fund*
[ ] basis
points on the first $[ ] million
[ ] basis
points on the next $[ ] million
[ ] basis
points on the next $[ ] billion
[ ] basis
points on the next $[ ] billion
[ ] basis
points on the balance
Minimum
annual fee: $[ ] first fund
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Extraordinary
services - quoted separately
Plus
out-of-pocket expenses, including but not limited to:
Postage,
Stationery
Programming,
Special Reports
Proxies,
Insurance
XXXXX
filing
Retention
of records
Federal
and state regulatory filing fees
Certain
insurance premiums
Expenses
from board of directors meetings
Auditing
and legal expenses
Blue
Sky conversion expenses (if necessary)
All
other out-of-pocket expenses
*Fees
are billed monthly.
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2
Exhibit A
Fee Schedule (continued) to the
Amended
and Restated Fund Administration Servicing Agreement - The Xxxxxx Portfolio,
Inc.
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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3