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Exhibit (h)(10)
Amendment to the Agency Services and Delegation Agreement
between
One Group Mutual Funds and BISYS Qualified Plan Services
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AMENDMENT TO THE AGENCY SERVICES AND DELEGATION AGREEMENT
This Amendment to the Agency Services and Delegation Agreement is made
effective June , 1999, by and between One Group Mutual Funds (the "Fund
Company") and BISYS Qualified Plan Services, Inc. ("Recordkeeper").
WHEREAS, pursuant to an Agency Services and Delegation Agreement ("Agreement")
dated January 1, 1996, the Recordkeeper has agreed to perform certain
recordkeeping and accounting services and functions with respect to transactions
in shares the Fund Company made by or on behalf of participants, beneficiaries
or plan sponsors in certain employee pension benefit plans as defined in Section
3(2)(A) of the Employee Retirement Income Security Act of 1974;
NOW THEREFORE, pursuant to Section 20 of the Agreement, the Fund Company and the
Recordkeeper amend the Agreement in the following form:
1. Section 6(a) is deleted in its entirety and replaced with the
following:
Compensation.
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A. In consideration of performance of the services by the
Recordkeeper hereunder, the Fund Company will compensate the
Recordkeeper per fiscal year at a rate of eighteen dollars
($18.00) per participant account per fund position, or as the
Fund Company and the Recordkeeper shall agree from
time-to-time in writing. The Recordkeeper shall invoice the
Fund Company quarterly. Said compensation will commence with
the calendar quarter ending June 30, 1999.
2. The following is added as Section 10:
FUND COMPANY LIABILITY. The names "One Group Mutual Funds" and
"Trustees of One Group Mutual Funds" refer, respectively, to the trust
created and the trustees, as trustees, but not individually or
personally, acting from time to time under a Declaration of Trust dated
as of May 23, 1985 to which reference is hereby made and a copy of
which is on file at the office of the Secretary of the Commonwealth of
Massachusetts and elsewhere as required by law, and to any and all
amendments thereto so filed or hereafter filed. The obligations of "One
Group Mutual Funds" entered into in the name or on behalf thereof by
any of the Trustees, representatives or agent are made not
individually, but in such capacities, and are not binding upon any of
the Trustees, Shareholders, or representatives of the Fund Company
personally, but bind only the assets of the Fund Company, and all
persons dealing with any series of Shares of the Fund Company must look
solely to the assets of the Fund Company belonging to such series for
the enforcement of any claim against the Fund Company.
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The Agreement, as amended, shall remain in full force and effect.
IN WITNESS THEREOF, the Fund Company and the Recordkeeper have caused this
Amendment to be executed by their duly authorized officers effective as of the
date first written above.
BISYS Qualified Plan Services, Inc. ONE GROUP MUTUAL FUNDS
By: /s/ Xxxx X. Xxxx By: /s/ Xxxx X. Xxxxxx
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Name: Xxxx X. Xxxx Name: Xxxx X. Xxxxxx
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Title: Vice-President Title: President
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Date: 8/20/99 Date: 8/20/99
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