EXHIBIT (h)(13)
AMENDMENT
TO
COMPLIANCE SERVICES AGREEMENT
AMENDMENT ("Amendment") dated as of October 1, 2006 between American
Performance Funds, Inc. (the "Funds") and BISYS Fund Services Ohio, Inc.
("BISYS") to that certain Compliance Services Agreement dated as of September
28, 2004, (as amended, the "Agreement").
WHEREAS, the parties hereto wish to amend the fees payable to BISYS
under the Agreement.
NOW THEREFORE, in consideration of the foregoing and the mutual
premises and covenants herein set forth, the parties agree as follows:
1. Schedule A to the Agreement is hereby deleted in its entirety and
replaced with Schedule A to this Amendment.
2. This Amendment may be executed in one or more counterparts, each
of which will be deemed an original, but all of which together
shall constitute one and the same instrument.
3. Except as expressly set forth herein, all other provisions of the
Agreement shall remain unchanged and in full force and effect.
4. Capitalized terms not otherwise defined in this Amendment have
the same meaning as set forth in the Agreement.
5. This Amendment supersedes all prior negotiations, understandings
and agreements with respect to the subject matter covered in this
Amendment, whether written or oral.
* * * * *
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date first written above.
AMERICAN PERFORMANCE FUNDS, INC.
By: /s/ Xxxxxxxx X. Xxxxxxx
-----------------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: President
BISYS FUND SERVICES OHIO, INC.
By: /s/ Xxxx Xxxxxxx
-----------------------------------
Name: Xxxx Xxxxxxx
Title: President
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SCHEDULE A
TO COMPLIANCE SERVICES AGREEMENT
SEPTEMBER 28, 2004
This Schedule A is amended and restated as of October 1, 2006.
COMPLIANCE SERVICES FEES
One-time implementation fee $75,000
Annual fee $150,000 through September 30, 2006
$200,000 effective October 1, 2006*
*The annual fee will be reduced to $150,000 if, pursuant to Section 2(a), the
Board of Trustees of the Trust appoints a Chief Compliance Officer that is not
employed by BISYS. Such reduction shall occur on a pro rata basis from the
beginning of the month following the date of the appointment. The annual fee
will not be increased before September 30, 2008, provided that there is no
material change in the services provided under this Agreement.
All annual fees set forth above shall be payable in equal monthly installments.
OUT OF POCKET EXPENSES
Out of pocket expenses are not included in the above fees and shall also be paid
to BISYS in accordance with the provisions of this Agreement.
AMERICAN PERFORMANCE FUNDS, INC.
By: /s/ Xxxxxxxx X. Xxxxxxx
-----------------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: President
BISYS FUND SERVICES OHIO, INC.
By: /s/ Xxxx Xxxxxxx
-----------------------------------
Name: Xxxx Xxxxxxx
Title: President
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