THIRD AMENDMENT TO FUND ACCOUNTING AND SUPPORT SERVICES AGREEMENT
XXXXXXXXX INVESTMENT TRUST 485BPOS
Exhibit 99.(h)(8)
THIRD AMENDMENT TO
FUND ACCOUNTING AND SUPPORT SERVICES AGREEMENT
This Third Amendment to Fund Accounting and Support Services Agreement (the “Amendment”) is entered into as of the 20th day of December, 2023 and effective as of the 1st day of January, 2024 (the “Effective Date”), amending the Agreement (as defined below), by and between State Street Bank and Trust Company, a Massachusetts trust company (“State Street”), and Xxxxxxxxx Investment Trust, a Massachusetts business trust (the “Fund” and, together with State Street, the “Parties” and each, a “Party”).
W I T N E S S E T H:
WHEREAS, the Parties have entered into that certain Fund Accounting and Support Services Agreement, dated as of April 12, 2018 and effective as of January 1, 2018, as amended by that certain (i) Amendment to Fund Accounting and Support Services Agreement, dated as of December 21, 2020, and (ii) Second Amendment to Fund Accounting and Support Services Agreement, dated as of September 11, 2023 and effective as of August 31, 2023 (collectively, and as may be further amended, supplemented or otherwise modified from time to time, the “Agreement”), for the provision of certain fund accounting and other support services by State Street to the Fund; and
WHEREAS, the Parties desire to amend the Agreement to extend the term of the Agreement and to account for the provision of tailored shareholder reports, as more fully set forth herein.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. Amendments to the Agreement.
(a) The first sentence of Section 13 of the Agreement, Effective Period and Termination, is hereby restated in its entirety as follows:
“This Agreement shall remain in full force and effect for an initial term ending on [January 1, 2027] (the “Initial Term”).”
(b) Paragraph (a) of Section I, Treasury Support, on Schedule B2, Other Support Services, is hereby restated in its entirety as follows:
“a. Prepare for the review by designated officer(s) of the Fund financial information regarding the Portfolio(s) that will be included in the Fund’s semi- annual and annual shareholder reports, Tailored Shareholder Reports and other quarterly reports (as mutually agreed upon), including tax footnote disclosures, where applicable;”
(c) Schedule A to the Agreement shall be replaced in its entirety by the Schedule A attached hereto and incorporated herein by this reference.
2. Representations and Warranties. By signing below, the Fund hereby confirms, as of the date hereof, its representations and warranties set forth in Section 4 of the Agreement.
3. Defined Terms. Terms used in this Amendment but not defined herein shall have the meanings ascribed to them in the Agreement.
4. One Agreement. Except as amended herein, no other terms or provisions of the Agreement are amended or modified by this Amendment. Upon the execution of this Amendment, this Amendment and the Agreement shall form one agreement.
5. Counterparts. This Amendment may be executed in several counterparts, each of which shall be deemed to be an original, and all such counterparts taken together shall constitute one and the same Amendment. Counterparts may be executed in either original or electronically transmitted form (e.g., faxes or emailed portable document format (PDF) form), and the Parties hereby adopt as original any signatures received via electronically transmitted form.
6. Governing Law. This Amendment shall be governed by, and construed in accordance with, the choice of law set forth in the Agreement (excluding the law thereof which requires the application of or reference to the law of any other jurisdiction).
[Remainder of page intentionally left blank.]
Information Classification: Limited Access
IN WITNESS WHEREOF, this Amendment has been executed for and on behalf of the undersigned as of the day and year first written above.
XXXXXXXXX INVESTMENT TRUST
| By: | /s/ Xxxxxx Xxxxxxxx | |
| Name: | Xxxxxx Xxxxxxxx | |
| Title | CFO & Treasurer |
STATE STREET BANK AND TRUST COMPANY
| By: | /s/ Xxxxx Xxxxxxxx | |
| Name: | Xxxxx Xxxxxxxx | |
| Title | Managing Director |
Information Classification: Limited Access
SCHEDULE A
Listing of Portfolio(s)
XXXXXXXXX INVESTMENT TRUST
Xxxxxxxxx Better World International Fund
Xxxxxxxxx California Limited Term Municipal Fund
Xxxxxxxxx Capital Management Fund
Xxxxxxxxx Core Plus Bond Fund
Xxxxxxxxx Developing World Fund
Xxxxxxxxx Emerging Markets Managed Account Fund
Xxxxxxxxx Global Opportunities Fund
Xxxxxxxxx Intermediate Municipal Fund
Xxxxxxxxx International Equity Fund
Xxxxxxxxx International Growth Fund
Xxxxxxxxx Investment Income Builder Fund
Xxxxxxxxx Limited Term Income Fund
Xxxxxxxxx Limited Term Municipal Fund
Xxxxxxxxx Limited Term U.S. Government Fund
Xxxxxxxxx Municipal Managed Account Fund
Xxxxxxxxx New Mexico Intermediate Municipal Fund
Xxxxxxxxx New York Intermediate Municipal Fund
Xxxxxxxxx Short Duration Municipal Fund
Xxxxxxxxx Small/Mid Cap Core Fund
Xxxxxxxxx Small/Mid Cap Growth Fund
Xxxxxxxxx Strategic Income Fund
Xxxxxxxxx Strategic Municipal Income Fund
Xxxxxxxxx Summit Fund
Xxxxxxxxx Ultra Short Income Fund
Information Classification: Limited Access
