Exhibit (h)(89)
THIRD AMENDMENT TO
AGREEMENT DATED JULY 1, 1997
THIS AMENDMENT is made this 27th day of February, 2009, between JANUS
INVESTMENT FUND, a Massachusetts business trust (the "Trust"), and JANUS CAPITAL
MANAGEMENT LLC, a Delaware limited liability company ("JCM").
WITNESSETH
WHEREAS, the Trust and JCM are parties to an Agreement on behalf of Janus
Fundamental Equity Fund (the "Fund"), dated July 1, 1997, as amended July 31,
2001 and June 30, 2006 (the "Agreement");
WHEREAS, JCM and the Trust desire to amend the Agreement as set forth in
greater detail below; and
WHEREAS, the name of Janus Fundamental Equity Fund has been changed to
Janus Research Core Fund, effective February 27, 2009;
NOW, THEREFORE, in consideration of the premises and of the mutual
agreements set forth below, the parties agree to amend the Agreement as follows:
1. All references to "Janus Fundamental Equity Fund" shall be replaced with
"Janus Research Core Fund."
2. The parties acknowledge that the Agreement, as amended, remains in full
force and effect as of the date of this Amendment, and that this Amendment,
together with the Agreement and any prior amendments, contains the entire
understanding and the full and complete agreement of the parties and supercedes
and replaces any prior understandings and agreements among the parties
respecting the subject matter hereof.
3. This Amendment may be contemporaneously executed in two or more
counterparts, each of which shall be deemed an original but all of which
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused their duly authorized officers
to execute this Amendment as of the date first above written.
JANUS CAPITAL MANAGEMENT LLC
By: /s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx, General Counsel,
Senior Vice President and Secretary
JANUS INVESTMENT FUND
By: /s/ Xxxxxxxxx Xxxxxxxxxx-Xxxxxx
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Xxxxxxxxx Xxxxxxxxxx-Xxxxxx
Vice President, Chief Legal Counsel
and Secretary
