Fulfillment Servicing Agreement
This
Agreement between Firstar Trust Company (FTC) and The Xxxxxx Series Trust,
a
Delaware business trust consisting of one fund: Xxxxxx Value Fund, (hereinafter
called the “Fund”) is entered into on this thirteenth day of February,
1997.
WHEREAS,
the Fund provide investment opportunities to prospective shareholders through
a
family of open end mutual funds; and
WHEREAS,
FTC provides fulfillment services to mutual funds;
NOW
THEREFORE, the parties agree as follows:
Duties
and responsibilities of FTC
| 1. |
Answer
all prospective shareholder calls concerning any of the Xxxxxx Series
Trust Funds listed in the attached Schedule A which may be modified
from
time to time.
|
| 2. |
Send
all available fund(s) materials requested by the prospect which may
include but not limited to, prospectus, financial statements, new
account
forms, fact sheets, and sales literature or other materials at the
direction of the Fund within 34 hours from time of
call.
|
| 3. |
Receive
and update all funds fulfillment literature so that most current
information is sent and quoted.
|
| 4. |
Provide
24 hour answering service to record prospect calls made after hours
(8
p.m. to 9 a.m. NYT).
|
| 5. |
Maintain
and store funds fulfillment
inventory.
|
| 6. |
Send
periodic fulfillment reports to the funds as agreed upon between
the
parties.
|
Duties
and responsibilities of the Fund
| 1. |
Provide
funds fulfillment literature updates to FTC as
necessary.
|
| 2. |
Supply
FTC with sufficient inventory of fulfillment materials as requested
from
time to time by FTC.
|
| 3. |
Provide
FTC with any sundry information about the Fund in order to answer
prospect
questions.
|
Compensation
Fund
agree to compensate FTC for the services performed under this agreement in
accordance with the attached Schedule B; the Fund agree to pay all invoices
within ten days of receipt.
Proprietary
and Confidential Information
FTC
agrees on behalf of itself and its directors, officers, employees and agents
to
treat confidentiality and as proprietary information of the Fund all records
and
other information relative to the Fund and prior, present, or potential
shareholders of the Fund (and clients of said shareholders), and not to use
such
records and information for any purpose other than performance of its
responsibilities and duties hereunder, except after prior notification to and
approval in writing by the Fund, which approval shall not be unreasonably
withheld and may not be withheld where FTC may be exposed to civil or criminal
contempt proceedings for failure to comply, when requested to divulge such
information by duly constituted authorities, or when so requested by the
Fund.
Trustees
and shareholders shall not be personally liable for obligations of Fund in
connection with any matter arising from or in connection with this
agreement.
This
servicing agreement can not assigned without consent of Xxxxxx Series
Trust.
Termination
This
agreement may be terminated by either party upon 60 days written
notice.
Dated
this thirteenth day of February, 1997.
|
Xxxxxx
Series Trust
|
Firstar
Trust Company
|
|
|
By:
/s/
Xxxxx Xxxxxx
|
By:
/s/
Xxx X. Xxxxxxx
|
|
|
Print:
Xxxxx
Xxxxxx
|
Print:
Xxx
X. Xxxxxxx
|
|
|
Title:
Chief Financial Officer/Treasurer
|
Title:
First Vice President
|
|
|
Date:
Feb.
13, 1997
|
Date:
Feb.
27, 1997
|
|
|
Attest:
/s/
|
Attest:
|
