SUPPLEMENT TO CUSTODY AGREEMENT
Date: January 28, 1998
Boston Safe Deposit and Trust Company
Xxx Xxxxxx Xxxxx
Xxxxxx, Xxxxxxxxxxxxx 00000
Ladies and Gentlemen:
ENDEAVOR SERIES TRUST, an unincorporated business trust organized under
the laws of the Commonwealth of Massachusetts (the "Trust"), hereby supplements
its agreement with BOSTON SAFE DEPOSIT AND TRUST COMPANY, a trust company
organized under the laws of the Commonwealth of Massachusetts (the "Custodian"),
as follows:
1. Compensation. Pursuant to Section 3(b) of the Custody Agreement
dated March 28, 1991 (the "Agreement"), the Trust and the Custodian hereby agree
that the SELECT 50 PORTFOLIO (the "Portfolio"), a new series of the Trust,
created and designated in accordance with the Trust's Master Trust Agreement,
shall be, considered a Portfolio of the Trust under the terms of the Agreement,
and that the Domestic and Global Fee Schedules currently in effect, and as may
be amended from time to time, under the Agreement shall apply to the Portfolio,
as of the date and year first written above.
2. Limitation of Liability. The term "Endeavor Series Trust" means and
refers to the Trustees from time to time serving under the Agreement and
Declaration of Trust dated November 18, 1988, as the same may subsequently
thereto have been, or subsequently hereto be, amended. It is expressly agreed
that the obligations of the Trust hereunder shall not be binding upon any of the
Trustees, shareholders, nominees, officers, agents or employees of the Trust,
personally, but bind only the trust property of the Trust, as provided in the
Agreement and Declaration of Trust. The execution and delivery of this Agreement
have been authorized by the Trustees of the Trust and signed by an authorized
officer of the Trust, acting as such, and neither such authorization by such
Trustees nor such execution and delivery by such officer shall be deemed to have
been made by any of them individually or to impose any liability on any of them
personally,
but shall bind only the trust property of the Trust as provided in its Agreement
and Declaration of Trust.
If the foregoing is acceptable to you, kindly indicate your acceptance
by signing and returning the enclosed copy of this Supplement.
Very truly yours,
ENDEAVOR SERIES TRUST
By: /s/Xxxxxxx X. XxXxxxxxxx, Xx.
-----------------------------
Title: President
Accepted and Agreed to:
BOSTON SAFE DEPOSIT AND TRUST COMPANY
By: /s/Xxxxxxxxxxx Xxxxx
-------------------------------
Vice President
APPENDIX A
I, Xxxxx Xxxx, Secretary of the ENDEAVOR SERIES TRUST, a Massachusetts
business trust (the "Trust"), do hereby certify that:
The following individuals have been duly authorized as Authorized
Persons to give Oral Instructions and Written Instructions on behalf of the
Trust and the signatures set forth opposite their respective names are their
true and correct signatures:
Name Signature
Xxxxx Xxxxx
Xxxxx Labrecques
Xxxxxx Xxxx
Xxxxxx X. Rock
Xxxxx Xxxxxx
Xxxxx XxXxxxxx
APPENDIX A
I, Xxxxxx Xxxxxxx, Secretary of the ENDEAVOR SERIES TRUST, a
Massachusetts business trust (the "Trust"), do hereby certify that:
The following individuals serve in the following positions with the
Trust and each individual has been duly elected or appointed to each such
position and qualified therefor in conformity with the Trust's Declaration of
Trust and the signatures set forth opposite their respective names are their
true and correct signatures:
Name Position Signature
Xxxxx X. XxXxxxx President
Xxxxxx Xxxxxx Vice President
Xxxxxx X. Xxxxxxx Vice President
Xxxxx X. Xxxxxxxx Vice President
Xxxxx X. Xxxx Vice President
Xxxxxxx X. Xxxxxxx Vice President
Xxxxxx Xxxxxxxx Vice President
Xxxx X. Xxxxxxxx Chief Financial Officer
Xxxxxx Xxxxxxx Secretary
Xxxxxxxx X. Xxxxxxxx Assistant Secretary
Xxxxx X. Xxxxx Assistant Treasurer
FEE SCHEDULE
SCHEDULE A
ENDEAVOR SERIES TRUST
1. Safekeeping
A. Domestic Assets Annual Fee
All domestic assets .02 of 1%
B. International Assets Annual Fee
All international assets .15 of 1%
2. Portfolio Transactions
Type Per Transaction
---- ---------------
DTC/Fed Book Entry $ 12
Repurchase Agreement - depository eligible 12
GNMA Paydown 12
Repurchase Agreement - non-depository 17
Options/Futures 25
Physical Settlement 30
Commercial Paper 30
Euro CD's (London) 30
Foreign Securities 40
CUSTODY AGREEMENT
OUT-OF-POCKET EXPENSES
SCHEDULE B
Reimbursable out-of-pocket expenses will be added to each monthly
invoice and will include, but are not limited to, such customary items as
telephone, wire charge ($5.50 per wire), postage, insurance, pricing services,
courier services and duplicating charges.