EXHIBIT 7(a)
AMENDMENT TO
CUSTODIAN SERVICES AGREEMENT
This Amendment to Custodian Services Agreement is made as of August ___,
2001, by and between PFPC Trust Company (the "Custodian"), a wholly-owned,
indirect subsidiary of PNC Bank, National Association, a national banking
association ("PNC Bank"), and The Xxxxxxx Funds, Inc., a Maryland corporation
(the "Company").
WITNESSETH:
WHEREAS, PNC Bank and the Company have entered into that certain Custodian
Services Agreement, dated as of January 2, 1996 (the "Original Agreement"),
whereby the Company retained PNC Bank to provide certain custodian services as
described therein to the Company's investment portfolios set forth on Exhibit A
attached thereto;
WHEREAS, PNC Bank assigned its rights and duties under the Original
Agreement to the Custodian, effective December 31, 1998; and
WHEREAS, The Custodian and the Company now desire to amend Exhibit A to the
Original Agreement to provide for the addition of Xxxxxxx Aggressive Growth Fund
to the list of investment portfolios to which the Custodian will provide such
custodian services.
NOW, THEREFORE, In consideration of the premises and the mutual covenants
contained herein and intending to be legally bound hereby, the parties hereto
agree as follows:
1. AMENDMENT OF EXHIBIT A. Exhibit A to the Original Agreement is hereby
amended and restated in its entirety to read in the form attached
hereto as Exhibit A.
2. MISCELLANEOUS.
(a) GOVERNING LAW. This Amendment shall be governed by the laws of
the State of Pennsylvania without regard for conflicts of law
principles thereof.
(b) SUCCESSORS AND ASSIGNS. This Amendment shall be binding upon and
shall inure to the benefit of the parties hereto and their
respective successors and assigns as permitted in the Original
Agreement.
(c) COUNTERPART SIGNATURES. This Amendment may be executed in
counterpart and by facsimile signature, each counterpart being
deemed an original, but which when taken together shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
Custodian Services Agreement to be executed as of the date first written above.
PFPC TRUST COMPANY
By:
--------------------------
Name:
Title:
THE XXXXXXX FUNDS, INC.
By:
--------------------------
Name:
Title:
EXHIBIT A
PORTFOLIOS
XXXXXXX GROWTH FUND
XXXXXXX AGGRESSIVE GROWTH FUND
