Exhibit (g)(5)
AMENDMENT TO CUSTODIAN CONTRACT
Amendment dated February 28, 2000, to the custody contract, dated January
3, 1989, as amended, by and between State Street Bank and Trust Company (the
"Custodian") and Nvest Funds Trust II (formerly New England Funds Trust II and
Investment Trust of Boston Funds), on behalf of its portfolios (each a "Fund")
(the "Custodian Contract").
In consideration of the promises and covenants contained herein, the
Custodian and the Fund hereby agree to amend and replace Section 5 of the
Custodian Contract as follows:
5. Proper Instructions
Proper Instructions as used throughout this Contract means a writing signed or
initialed by one or more person or persons as the Board of Trustees shall have
from time to time authorized. Each such writing shall set forth the specific
transaction or type of transaction involved, including a specific statement of
the purpose for which such action is requested. Oral instructions will be
considered Proper Instructions if the Custodian reasonably believes them to have
been given by a person authorized to give such instructions with respect to the
transaction involved. The Fund shall cause all oral instructions to be confirmed
in writing. PROPER INSTRUCTIONS MAY INCLUDE COMMUNICATIONS EFFECTED DIRECTLY
BETWEEN ELECTRO-MECHANICAL OR ELECTRONIC DEVICES; PROVIDED THAT THE FUND HAS
FOLLOWED ANY SECURITY PROCEDURES AGREED TO FROM TIME TO TIME BY THE FUND AND THE
CUSTODIAN, INCLUDING, BUT NOT LIMITED TO THE SECURITY PROCEDURES SELECTED BY THE
FUND IN THE FUNDS TRANSFER AGREEMENT. For purposes of this Section, Proper
Instructions shall include instructions received by the Custodian pursuant to
any multi-party agreement, which requires a segregated asset account in
accordance with Section 2.11.
IN WITNESS WHEREOF, each of the parties has caused this instrument to be
executed in its name and on its behalf by its duly authorized representative as
of the date first written above.
NVEST FUNDS TRUST II
By: /s/ Xxxx Xxxxxxx
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Its: President
STATE STREET BANK AND TRUST
By: /s/ Xxxxxx X. Xxxxx
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Its: Vice Chairman
