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AMENDMENT TO THE
CUSTODIAN CONTRACT
AGREEMENT made this 25th day of October, 1988 by and between STATE STREET
BANK AND TRUST COMPANY ("Custodian") and XXXXXX-XXXXXXX MAINSTAY SERIES FUND
(the "Fund").
WITNESSETH THAT:
WHEREAS, the Custodian and the Fund are parties to a Custodian Contract
dated March 24, 1986 (as amended to date, the "Contract") which governs the
terms and conditions under which the Custodian maintains custody of the
securities and other assets of the Fund:
NOW THEREFORE, the Custodian and the Fund hereby amend the terms of the
Custodian Contract and mutually agree to the following: Replace subsection 7)
of Section 2.2 Delivery of Securities with the following new subsection 7):
7) Upon the sale of such securities for the account of the Fund, to
the broker or its clearing agent, against a receipt, for examination
in accordance with "street delivery" custom; provided that is any such
case, the Custodian shall have no responsibility or liability for any
loss arising from the delivery of such securities prior to receiving
payment for such securities except as may arise from the Custodian's
own negligence or willful misconduct;
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be
executed in its name and on its behalf by a duly authorized officer as of the
day and year first above written.
ATTEST XXXXXX-XXXXXXX MAINSTAY SERIES FUND
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ATTEST STATE STREET AND TRUST COMPANY
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Assistant Secretary Vice President
