EXHIBIT 10.09
FORM OF
AMENDMENT
TO THE
CUSTOMER AGREEMENT
This Customer Agreement Amendment ("Amendment") is made as of this 1st day
of [MONTH, YEAR] by and between [THE FUND] (the "Fund") and Xxxxxxx Xxxxx
Futures Inc.
W I T N E S S E T H:
WHEREAS, the parties hereto entered into a Customer Agreement relating to
the purchase and sale of commodity futures and forward contracts and commodity
options (the "Customer Agreement");
WHEREAS, the parties hereto have agreed to reduce the brokerage commissions
paid by the Fund to Xxxxxxx Xxxxx Futures Inc., the Fund's commodity broker,
pursuant to the Customer Agreement and wish to amend the Customer Agreement
accordingly;
NOW THEREFORE, in consideration of the premises and mutual covenants
contained in the Customer Agreement and herein, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree to amend the Customer
Agreement as follows:
1. Brokerage Commissions. Beginning [DATE, YEAR] the brokerage commissions
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payable by the Fund to Xxxxxxx Xxxxx Futures Inc. will be reduced to ______ of
1% of month-end Net Assets, before reduction for such monthly brokerage
commissions and any New Profits Account allocation but after the crediting of
interest income received during the month (a ____% annual rate). Such brokerage
commissions shall not include any administrative fee paid directly to Xxxxxxx
Xxxxx Investment Partners Inc.
2. Amendment. This Amendment may not be amended except by the written
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consent of each of the parties hereto.
3. Counterparts. This Amendment may be executed in one or more
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counterparts, each of which shall, however, together constitute one and the same
documents.
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IN WITNESS WHEREOF, this Amendment has been executed by the parties
hereto as of the day and year first above written.
[THE FUND]
BY: XXXXXXX XXXXX INVESTMENT
PARTNERS INC., General Partner
BY: ________________________________
Name:
Title:
XXXXXXX XXXXX FUTURES INC.
BY: ________________________________
Name:
Title:
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