Exhibit g(3)
AMENDMENT AGREEMENT
Amendment AGREEMENT, effective as of September 24, 2003, by and among
DOMINI SOCIAL INDEX PORTFOLIO, a New York business trust (the "Fund") and
INVESTORS BANK & TRUST COMPANY, a Massachusetts trust company ("Investors
Bank").
WHEREAS the Fund and Investors Bank entered into a Custody Agreement dated
June 6, 1993, as amended from time to time (the "Custodian Agreement"); and
WHEREAS, the Fund and Investors Bank desire to amend the Custodian
Agreement as set forth below.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements herein set forth, the parties hereto agree as follows:
1. Amendment.
Section 3 of the Custodian Agreement is hereby amended by deleting such Section
3 in its entirety and by inserting in lieu thereof, the following:
"PROPER INSTRUCTIONS. Proper Instructions shall mean (i) instructions
regarding the purchase or sale of Portfolio Securities, and payments and
deliveries in connection therewith, given by any two Authorized Persons,
such instructions to be given in such form and manner as the Bank and the
Fund shall agree upon from time to time, and (ii) instructions (which may
be continuing instructions) regarding other matters signed or initialed by
any two Authorized Persons. Oral instructions will be considered Proper
Instructions if the Bank reasonably believes them to have been given by an
Authorized Person. The Fund shall cause all oral instructions to be
promptly confirmed in writing, signed by two Authorized Persons. The Bank
shall act upon and comply with any subsequent Proper Instruction which
modifies a prior instruction and the sole obligation of the Bank with
respect to any follow-up or confirming instruction shall be to make
reasonable efforts to detect any discrepancy between the original
instruction and such confirmation and to report such discrepancy to the
Fund. The Fund shall be responsible, at the Fund's expense, for taking any
action, including any reprocessing, necessary to correct any such
discrepancy or error, and to the extent such action requires the Bank to
act, the Fund shall give the Bank specific Proper Instructions as to the
action required. Proper Instructions may include communication effected
directly between electro-mechanical or electronic devices and the Fund
agrees that such procedures afford adequate safeguards for the Fund's
assets.
2. Miscellaneous.
(a) Except as amended hereby, the Custodian Agreement shall remain in full
force and effect.
[Remainder of Page Intentionally Left Blank]
(b) This Amendment may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be
executed by its duly authorized officer, as the case may be, as of the date and
year first above written.
INVESTORS BANK & TRUST COMPANY
By: /s/ Xxxxxx X. Xxxxxx
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Name: Xxxxxx X. Xxxxxx
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Title: Managing Director
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DOMINI SOCIAL INDEX PORTFOLIO
By: /s/ Xxxxxx X. Xxxxxx
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Name: Xxxxxx X. Xxxxxx
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Title: Treasurer
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