MUTUAL OF AMERICA
Exhibit 99.8(c)(iii)
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MUTUAL OF AMERICA |
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MUTUAL OF AMERICA |
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CAPITAL MANAGEMENT |
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CAPITAL MANAGEMENT CORPORATION |
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000 XXXX XXXXXX |
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XXX XXXX XX 00000-0000 |
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000 000 0000 |
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000 000 0000 FAX |
April 28, 0000
Xxxxxx xx Xxxxxxx Institutional Funds, Inc.
000 Xxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000-0000
Attention: Xxxx X. Greed, Chairman, President and Chief Executive Officer
RE: Agreement to Pay Operating Expenses dated as of April 1, 2002 (“Agreement”) Amendment to Notice of Cancellation
Dear Mr. Greed:
Reference is made to the Notice of Cancellation and Amendment to Section 5 contained in a letter dated December 30, 2009 (the “Cancellation Letter”) from the undersigned Chairman and Chief Executive Officer of Mutual of America Capital Management Corporation (“Capital Management”) to you, canceling the Agreement to Pay Operating Expenses by and between Capital Management and Mutual of America Institutional Funds, Inc. (the “Institutional Funds”) dated as of April 1, 2002, as amended (the “Agreement”) as of the close of business on April 30, 2010.
As a result of discussions between the Institutional Funds and Capital Management following the Cancellation Letter, it has been agreed that the Cancellation Letter shall not apply to certain funds of the Institutional Funds. This letter amends the Cancellation Letter and the Agreement, by eliminating the Institutional Funds Equity Index Fund and the Institutional Funds Mid-Cap Equity Index Fund (together, the “Institutional Index Funds”) from the effect of the Cancellation Letter, with the effect that the Agreement shall remain in full force and effect, in accordance with all of its terms, solely with respect to the Institutional Index Funds. Accordingly, the Agreement remains in full force and effect as to the Institutional Index Funds without regard to the April 30, 2010 cancellation date set forth in the Cancellation Letter, and it shall remain in full force and effect until it is canceled in accordance with its original terms.
Anything to the contrary herein notwithstanding, the Notice of Cancellation and Amendment to Section 5 remains in effect for all funds of the Institutional Funds except the Institutional Index Funds. Therefore, subsequent to April 30, 2010, all funds of the Institutional Funds, except the Institutional Index Funds, are hereby deleted from the Agreement. With regard to any proposed cancellation of the Agreement in the future related to either or both of the Institutional Index Funds, the Agreement as originally written shall apply, including without limitation the right of Capital Management to terminate the expense limitation for the succeeding calendar year by notice given within the period specified.
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MUTUAL OF AMERICA CAPITAL MANAGEMENT CORPORATION |
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A SUBSIDIARY OF MUTUAL OF AMERICA LIFE INSURANCE COMPANY |
Very truly yours,
Mutual of America Capital Management Corporation
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By: |
/s/ Xxxxxxx Xxxxxxxx |
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Xxxxxxx Xxxxxxxx |
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Chairman and Chief Executive Officer |
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By signing below, Mutual of America Institutional Funds, Inc. accepts and agrees to the foregoing amendment to the Cancellation Letter and the Agreement, as such terms are defined above.
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Mutual of Institutional Funds, Inc. |
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Date: |
4/28/10 |
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By: |
/s/ Xxxx X. Greed |
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Xxxx X. Greed |
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Chairman, President and Chief Executive Officer |
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