THE JENSEN PORTFOLIO, INC. THIRD AMENDMENT TO THE AMENDED AND RESTATED FUND ACCOUNTING SERVICING AGREEMENT
THE XXXXXX PORTFOLIO, INC.
THIRD AMENDMENT TO THE
AMENDED AND RESTATED FUND ACCOUNTING SERVICING AGREEMENT
THIS THIRD AMENDMENT dated as of this 27th day of April, 2010, to the Amended and Restated Fund Accounting Servicing Agreement dated as of July 1, 2005, as amended July 27, 2006 and July 16, 2008 (the "Agreement"), is entered into by and between The Xxxxxx Portfolio, Inc., an Oregon corporation (the "Company") and U.S. Bancorp Fund Services, LLC, a Wisconsin limited liability company ("USBFS").
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the Company and USBFS desire to amend the fees of the Agreement; and
WHEREAS, Section 15 of the Agreement allows for its amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree as follows:
Exhibit A, the fee schedule of the Agreement, is hereby superseded and replaced with Amended Exhibit A attached hereto.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed by a duly authorized officer on one or more counterparts as of the day and year first written above.
| THE XXXXXX PORTFOLIO, INC. | U.S. BANCORP FUND SERVICES, LLC |
| By: /s/ Xxxxxx XxXxxx | By: /s/ Xxxxxxx X. XxXxx |
| Name: Xxxxxx XxXxxx | Name: Xxxxxxx X. XxXxx |
| Title: President | Title: Executive Vice President |
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4/27/10
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Amended Exhibit A to the Amended and Restated Fund Accounting Agreement
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The Xxxxxx Portfolio, Inc.
FUND ACCOUNTING SERVICES
ANNUAL FEE SCHEDULE at April, 2010
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Annual fee based upon assets in the fund:
$[ ] on the first $[ ] million
[ ] basis points on the next $[ ] million
[ ] basis points on the balance
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Extraordinary services - quoted separately
Conversion Estimate – one month’s fee (if necessary)
NOTE - All schedules subject to change
depending upon the use of derivatives – options,
futures, short sales, etc.
All fees are billed monthly plus out-of-pocket expenses,
including pricing service:
$[ ] Domestic and Canadian Equities
$[ ] Options
$[ ] Corp/Gov/Agency Bonds
$[ ] CMO's
$[ ] International Equities and Bonds
$[ ] Municipal Bonds
$[ ] Money Market Instruments
$[ ] Per fund per month – Fund of Funds
$[ ] /Foreign Equity Security per Month
for Corporate Action Service
$[ ] /Domestic Equity Security per Month
for Corporate Action Service
Factor Services (BondBuyer)
Per CMO - $[ ] /month
Per Mortgage Backed - $[ ] /month
Minimum - $[ ] /month
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4/27/10
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Amended Exhibit A Fee Schedule (continued) for the
Amended and Restated Fund Accounting Servicing Agreement - The Xxxxxx Portfolio, Inc.
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CHIEF COMPLIANCE OFFICER
SUPPORT SERVICES
FEE SCHEDULE at April, 2010
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Chief Compliance Officer Support Services
U.S, Bancorp provides support to the Chief Compliance Officer (CCO) of each fund serviced either by U.S. Bancorp Fund Services, LLC or Quasar Distributors, LLC. Indicated below are samples of functions performed by USBFS in this CCO support role:
• Business Line Functions Supported
• Fund Administration and Compliance
• Transfer Agent and Shareholder Services
• Fund Accounting
• Custody Services
• Securities Lending Services
• Distribution Services
• Daily Resource to Fund CCO, Fund Board, Advisor
• Provide USBFS/USB Critical Procedures & Compliance Controls
• Daily and Periodic Reporting
• Periodic CCO Conference Calls
• Dissemination of Industry/Regulatory Information
• Client & Business Line CCO Education & Training
• Due Diligence Review of USBFS Service Facilities
• Quarterly USBFS Certification
• Board Meeting Presentation and Board Support
• Testing, Documentation, Reporting
Annual Fee Schedule*
• $[ ] per service per year
Fees are billed monthly.
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4/27/10
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