Exhibit 8(e) - Second Amendment to Custodian Contract
SECOND AMENDMENT
TO THE CUSTODIAN CONTRACT
AGREEMENT made by and between State Street Bank and Trust Company (the
"Custodian") and the Xxxxxxx X. Xxxxxxxxx Fund, Inc. (the "Fund"), on behalf of
the Portfolios listed in Schedule I (the "Portfolios").
WHEREAS the Custodian and the Fund are parties to a custodian contract
dated October 12, 1988 (the "Custodian Contract") as amended on May 8, 1989 (the
"Amendment to the Custodian Contract"); and
WHEREAS the Custodian and the Fund desire to further amend the Custodian
Contract to further provide for the maintenance of the Portfolios' foreign
securities in conformity with the requirements of Rule 17f-5 under the
Investment Company Act of 1940;
NOW THEREFORE, in consideration of the premises and covenants contained
herein, the Custodian and the Fund hereby further amend the Custodian Contract
by the addition of the following terms and conditions:
1. Assets of the Portfolios may be maintained in foreign securities depositories
designated on Schedule A to the Amendment to the Custodian Contract through
arrangements implemented by the foreign banking institutions serving as
subcustodians pursuant to the terms of the Amendment to the Custodian Contract.
State Street shall use its best efforts to have the foreign banking institutions
designated on Schedule A include in their arrangements with foreign securities
depositories the provisions set forth in section 4 of the Amendment to the
Custodian Contract.
2. Each agreement pursuant to which the Custodian employs a foreign banking
institution shall require that, in the event that the foreign banking
institution deposits the Portfolio's securities in a foreign securities
depository, that it shall identify on its books as belonging to the Custodian,
as agent for the Portfolio, the securities so deposited.
IN WITNESS WHEREOF, each of the parties has caused this instrument to be
executed in its name and behalf by its duly authorized representative and its
seal to be hereunder affixed as of the 24th day of July, 1989.
XXXXXXX X. XXXXXXXXX FUND, INC.
By: Xxxxxx X. Xxxxxx
ATTEST:
Xxxx Xxxxx Xxxx
STATE STREET BANK AND TRUST COMPANY
By: Xxxxxx X. Xxxxxxxx, Vice President
ATTEST:
(Illegible)
SCHEDULE I
Xxxxxxxxx Government Short Duration Portfolio
Xxxxxxxxx Short Duration Plus Portfolio
Xxxxxxxxx Intermediate Duration Portfolio
Xxxxxxxxx New York Municipal Portfolio
Xxxxxxxxx Diversified Municipal Portfolio
