Exhibit (g)(3)
Amendment to Custodian Contract
This Amendment to the custody contract is made as of November 17, 2000,
by and between State Street Bank. and Trust Company (the "Custodian) and Xxxxxxx
Pathway SERIES, on behalf of each of its Portfolios (the "Fund"). Capitalized
terms used in this Amendment without definition shall have the respective
meanings given to such terms in the Custodian Contract referred to below.
WHEREAS, the Fund and the Custodian entered into a Custodian Contrac
February 17, 1999 (as amended from time to time, the "Custodian Contract"); and
WHEREAS, the Fund and the Custodian wish to amend the Custodian
Contract to enable the Fund to instruct the Custodian to pay out Fund moneys for
cash sweeps and interfund lending or borrowing transactions and also to
segregate collateral for interfund lending or borrowing transactions;
Now, Therefore, in consideration of the foregoing and the mutual
promises and covenants contained herein and in the Custodian Contract, the
parties hereby agree to amend the Custodian Contract as follows:
1. Payment of Fund Moneys
In Section 2.7, subsection 7 is renumbered as subsection 9 and new
subsections 7 and 8 are added to the Custodian Contract as follows:
(7) in connection with a lending or borrowing transaction between the
Fund, on behalf of a Portfolio, and an investment company, on behalf of
a Portfolio, advised by Xxxxxxx Xxxxxx Investments;
(8) in connection with a cash sweep arrangement; or
2. Segregated Account
In Section 2.12, subsection (iv) is renumbered as subsection (v) and
new subsection (iv) is added to the Custodian Contract as follows:
(iv) for the purpose of segregating securities or other assets of the
Fund in connection with a borrowing transaction between the Fund, on
behalf of a Portfolio, as borrower and an investment company, on behalf
of a Portfolio, advised by Xxxxxxx Xxxxxx Investments, and
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 written above.
XXXXXXX PATHWAY SERIES
By: /s/Xxxx Xxxxxxxx
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Its: Vice President
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STATE STREET BANK AND TRUST COMPANY
By: /s/Xxxxxx X. Xxxxx
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Its: Vice Chairman
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