THIRD AMENDMENT TO THE CUSTODY AGREEMENT
THIRD
AMENDMENT TO THE CUSTODY AGREEMENT
THIS
THIRD AMENDMENT dated as of this ___ day of ______________, 2007, to
the Custody Agreement, dated as of June 26, 2006, as amended December 15, 2006
and March 5, 2007, is entered into by and among Kinetics Mutual Funds,
Inc., a Maryland corporation, Kinetics Portfolios
Trust, a Delaware business trust and U.S. Bank National
Association, a national banking association organized and existing
under the laws of the United States of America with its principal place of
business at Cincinnati, Ohio.
RECITALS
WHEREAS,
the parties have entered into a Custody Agreement dated as of June 26, 2006,
as
previously amended (the “Agreement”); and
WHEREAS,
the parties desire to amendment the Agreement; and
WHEREAS,
Article 14.2 of the Agreements allows for its amendment by a written instrument
executed by the parties;
NOW,
THEREFORE, the parties agree as follows:
Exhibit
D, the list of funds and the fee schedule of the Agreement, is hereby superseded
and replaced with Exhibit D attached hereto.
Except
to
the extent amended hereby, the Agreement shall remain in full force and
effect.
IN
WITNESS WHEREOF, the parties hereto have caused this Third Amendment to
be executed by a duly authorized officer on one or more counterparts as of
the
date and year first written above.
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KINETICS
MUTUAL FUNDS, INC.
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U.S.
BANK NATIONAL ASSOCIATION
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By: ____________________________________
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By: _____________________________________
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Name: __________________________________
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Name: ___________________________________
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Title: ___________________________________
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Title: ____________________________________
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KINETICS
PORTFOLIOS TRUST
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By: ____________________________________
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Name: __________________________________
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Title: ___________________________________
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1
Exhibit
D
to
the
Custody
Agreement – Kinetics Mutual Funds, Inc., Kinetics Portfolios
Trust
____________
2007
Annual
Fee Schedule – Domestic Funds/Portfolios
Separate
Series of Kinetics Mutual Funds, Inc./Kinetics Portfolios Trust
Name
of Series
The
Medical Fund/The Medical Portfolio
The
Internet Fund/The Internet Portfolio
The
Internet Emerging Growth Fund/The Internet Emerging Growth
Portfolio
The
Paradigm Fund/The Paradigm Portfolio
The
Small
Cap Opportunities Fund/The Small Cap Opportunities Portfolio
The
Kinetics Government Money Market Fund/The Kinetics Government Money Market
Portfolio
The
Market Opportunities Fund/The Market Opportunities Portfolio
The
Water
Infrastructure Fund/The Water Infrastructure Portfolio
The
Multi-Disciplinary Fund/The Multi-Disciplinary Portfolio
Annual
fee based upon market value
[_] basis
point per year
Minimum
annual fee per fund -- [___]
Investment
transactions (purchase, sale, exchange, tender, redemption, maturity, receipt,
delivery):
[___] per
book entry security (depository or Federal Reserve system)
[___]
per
definitive security (physical)
[___]
per
mutual fund trade
[___]
per
Euroclear
[___]
per
principal reduction on pass-through certificates
[___]
per
option/futures contract
[___]
per
variation margin
[___]
per
Fed wire deposit or withdrawal
[___]
per
repurchase transaction
Variable
Amount Demand Notes: Used as a short-term investment, variable amount
notes offer safety and prevailing high interest rates. Our charge,
which is [___] of [___], is deducted from the variable amount note income at the
time it is credited to your account.
Plus
out-of-pocket expenses, and extraordinary expenses based upon
complexity
Fees
and
out-of-pocket expenses are billed to the fund monthly, based upon market value
at the beginning of the month
2
