Exhibit 8(k)
ADDENDUM NO. 10 TO
AMENDED AND RESTATED
CUSTODIAN AGREEMENT
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This Addendum, dated as of the 30th day of July, 1997, is entered into
between PEGASUS FUNDS (the "Trust"), a Massachusetts business trust, and NBD
BANK ("NBD" or the "Custodian"), a state-chartered bank incorporated under the
laws of Michigan.
WHEREAS, the Trust and NBD have entered into an Amended and Restated
Custodian Agreement dated May 16, 1989 and Addenda Nos. 1, 2, 3, 4, 5, 6, 7, 8
and 9 (the "Custodian Agreement"), pursuant to which the Trust appointed NBD to
act as Custodian to the Trust's Money Market Fund, Municipal Money Market Fund,
Growth and Value Fund, Mid-Cap Opportunity Fund, Intrinsic Value Fund,
Intermediate Bond Fund, Bond Fund, High Yield Bond, Michigan Municipal Money
Market Fund, Equity Index Fund, Treasury Money Market Fund, Municipal Bond Fund,
Michian Municipal Bond Fund, Managed Assets Balanced Fund, Growth Fund, Short
Bond Fund, U.S. Government Income Fund, International Equity Fund, Cash
Management Fund, U.S. Government Securities Cash Management Fund, Treasury Cash
Management, Treasury Prime Cash Management Fund, Equity Income Fund, Small-Cap
Opportunity Fund, Intermediate Municipal Bond Fund, Income Fund, International
Bond Fund, Managed Assets Conservative Fund and Managed Assets Growth Fund;
WHEREAS, Article XIV, Paragraph 9 of the Custodian Agreement provides
that in the event the Trust establishes one or more additional portfolios with
respect to which it desires to retain NBD to act as the custodian under the
Custodian Agreement, the Trust shall so notify NBD in writing and if NBD is
willing to render such services it shall notify the Trust in writing, and the
compensation to be paid to NBD shall be that which is agreed to in writing by
the Trust and NBD pursuant to Article XII, Paragraph 7 of the Custodian
Agreement;
WHEREAS, pursuant to Article XIV, Paragraph 9 of the Custodian
Agreement, the Trust has notified NBD that it intends to establish the
Municipal Cash Management Fund and that it desires to retain NBD to act as the
custodian therefor, and NBD has notified the Trust that it is willing to serve
as custodian for such Funds.
NOW THEREFORE, the parties hereto, intending to be legally bound,
hereby agree as follows:
1. Appointment. The Trust hereby appoints NBD to act as Custodian to
the Trust for the Municipal Cash Management Fund for the period and on the terms
set forth in the Custodian
Agreement. NBD hereby accepts such appointment and agrees to render the services
set forth in the Custodian Agreement, for the compensation provided in Appendix
A hereto.
2. Capitalized Terms. From and after the date hereof, the terms
"Fund" and "Series" as used in the Custodian Agreement shall be deemed to
include the Municipal Cash Management Fund. Capitalized terms used herein and
not otherwise defined shall have the meanings ascribed to them in the Custodian
Agreement.
3. Miscellaneous. Except to the extent supplemented hereby, the
Custodian Agreement shall remain unchanged and in full force and effect and is
hereby ratified and confirmed in all respects as supplemented hereby.
IN WITNESS WHEREOF, the undersigned have executed this Addendum as of
the date and year first above written.
PEGASUS FUNDS
By: /s/ Xxxxxx X. Xxxxxxxxxx
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Xxxxxx X. Xxxxxxxxxx
President and Trustee
NBD BANK
By: /s/ Xxxxx X. Xxxxxxx
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Xxxxx X. Xxxxxxx
Vice President
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APPENDIX A
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For the services provided pursuant to the Custodian Agreement with
respect to the Municipal Cash Management Fund the Custodian will accept the
following fees:
Unit Price
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Clearing and settlement transaction $ 11.00
Accounting entry and vault/safekeeping
transactions $ 12.00
Out-of-Pocket Expenses:
In addition to the service fees above, the Trust will reimburse the
Custodian for its out-of-pocket expenses including, but not limited to,
postage, telephone, telex, facsimile, Federal Express and Federal Reserve
wire fees, incurred on behalf of the Trust.
