AMENDMENT
AMENDMENT made as of January 9, 2003, to that certain Custody Agreement,
dated as of September 10, 2001, between each Xxxx Xxxxxxx Fund listed on
Schedule II hereto (each a "Fund" and collectively the "Funds") and The Bank of
New York ("Custodian").
W I T N E S S E T H :
For and in consideration of the mutual promises hereinafter set forth
each Fund and Custodian hereby agree as follows:
Article 3 of the Custody Agreement is hereby amended by the addition
of the following new Section 11:
"Section 11. Custodian shall make such payments out of the money held
in each Account as it may be directed to make by a Certificate or Instructions,
and each Fund shall impose and maintain restrictions of the destinations to
which cash may be disbursed to ensure that each such disbursement is for a
proper corporate purpose. In addition, Custodian shall, until otherwise
instructed by a Fund in a Certificate or Instructions, make payment of such
investment advisory fees as may be specified by The Bank of New York as Fund
Accounting agent under that certain Fund Accounting Agreement, dated as of
September 10, 2001, between each Fund and BNY, as amended, to Custodian as then
due and payable. For purposes of this Agreement in general, including, without
limitation, Article VIII, any such payment shall be deemed a payment by
Custodian pursuant to the Instructions of the Fund."
IN WITNESS WHEREOF, each Fund and Custodian have caused this Amendment
to be executed by their respective officers, thereunto duly authorized, as of
the day and year first above written.
EACH XXXX XXXXXXX FUND
LISTED ON SCHEDULE II
By: /s/Xxxxxxx X. Xxxxx
Title: Senior Vice President and Chief
Financial Officer
THE BANK OF NEW YORK
By: /s/Xxxxx X. Xxxxxxx
Title: Senior Vice President
