Exhibit h(9)
Fulfillment Servicing Agreement
This Agreement between Firstar Trust Company (FTC) and The Tocqueville Trust, a
Massachusetts business trust consisting of five separate funds: The Tocqueville
Fund, The Tocqueville Small Cap Value Fund, The Tocqueville Asia-Pacific Fund,
The Tocqueville Europe Fund and The Tocqueville Government Fund (hereinafter
called the "Funds") is entered into on this eighth day of October, 1996.
WHEREAS, the Funds provide investment opportunities to prospective shareholders
through a family of open end mutual funds; and
WHEREAS, FTC provides fulfillment services to mutual funds;
NOW THEREFORE, the parties agree as follows:
Duties and Responsibilities of FTC
1. Answer all prospective shareholder calls concerning any of The
Tocqueville Funds listed in the attached Schedule A which may be
modified from time to time.
2. Send all available fund(s) materials requested by the prospect
which may include but not limited to, prospectus, financial
statements, new account forms, fact sheets, and sales literature
or other materials at the direction of the Funds within 24 hours
from time of call.
3. Receive and update all funds fulfillment literature so that most
current information is sent and quoted.
4. Provide 24 hour answering service to record prospect calls made
after hours (8 p.m. to 9 a.m. NYT).
5. Maintain and store funds fulfillment inventory.
6. Send periodic fulfillment reports to the funds as agreed upon
between the parties.
Duties and responsibilities of the Funds
1. Provide funds fulfillment literature updates to FTC as
necessary.
2. Supply FTC with sufficient inventory of fulfillment materials as
requested from time to time by FTC.
3. Provide FTC with any sundry information about the Funds in order
to answer prospect questions.
Compensation
Funds agree to compensate FTC for the services performed under this agreement in
accordance with the attached Schedule B; the Funds agree to pay all invoices
within ten days of receipt.
Proprietary and Confidential Information
FTC agrees on behalf of itself and its directors, officers, and employees to
treat confidentiality and as proprietary information of the Funds all records
and other information relative to the Funds and prior, present, or potential
shareholders of the Funds (and clients of said shareholders), and not to use
such records and information for any purpose other than performance of its
responsibilities and duties thereunder, except after prior notification to and
approval in writing by the Funds, which approval shall not be unreasonably
withheld and may not be withheld where FTC may be exposed to civil or criminal
contempt proceedings for failure to comply, when requested to divulge such
information by duly constituted authorities, or when so requested by the Funds.
Termination
This agreement may be terminated by either party upon 30 days written notice.
Dated this eighth day of October, 1996.
FIRSTAR TRUST COMPANY THE TOCQUEVILLE TRUST
By: /s/ Xxx X. Xxxxxxx By: /s/ Xxxxxx Xxxxx
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Print: Xxx X. Xxxxxxx Print: Xxxxxx Xxxxx
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Title: First Vice President Title: Vice President
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Date: Oct 10, 1996 Date: October 8, 1996
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Attest: /s/ Xxxx X. Zen Attest: /s/ Xxxx X Xxxxx
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Schedule A
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(List of Funds)
The Tocqueville Fund
The Tocqueville Small Cap Value Fund
The Tocqueville Asia-Pacific Fund
The Tocqueville Europe Fund
The Tocqueville Government Fund
THE TOCQUEVILLE TRUST
AMENDMENT TO THE FULFILLMENT SERVICING AGREEMENT
THIS AMENDMENT dated as of January 1, 2002 to the Fulfillment Servicing
Agreement dated as of October 8, 1996, by and between The Tocqueville Trust, a
Massachusetts business trust, and Firstar Mutual Fund Services, LLC, a Wisconsin
limited liability company, shall be as follows:
Effective January 1, 2002, the name Firstar Mutual Fund Services, LLC has
been changed to U.S. Bancorp Fund Services, LLC. Accordingly, all references to
Firstar Mutual Fund Services, LLC in this Agreement should be replaced with U.S.
Bancorp Fund Services, LLC. Similarly, any references to Firstar Bank, N.A.
should be replaced with U.S. Bank, N.A.
Paragraph 7 Proprietary and Confidential Information shall be amended and
replaced in its entirety as follows:
7. Proprietary and Confidential Information
USBFS agrees on behalf of itself and its directors, officers, and employees
to treat confidentially and as proprietary information of the Company all
records and other information relative to the Company and prior, present,
or potential shareholders (and clients of said shareholders) and not to use
such records and information for any purpose other than the performance of
its responsibilities and duties hereunder, except after prior notification
to and approval in writing by the Company, which approval shall not be
unreasonably withheld and may not be withheld where USBFS may be exposed to
civil or criminal contempt proceedings for failure to comply after being
requested to divulge such information by duly constituted authorities, or
when so requested by the Company.
Further, USBFS will adhere to the privacy policies adopted by the Trust
pursuant to Title V of the Xxxxx-Xxxxx-Xxxxx Act, as may be modified from
time to time (the "Act"). Notwithstanding the foregoing, USBFS will not
share any nonpublic personal information concerning any of the Trust's
shareholders with any third party unless specifically directed by the Trust
or allowed under one of the exceptions noted under the Act.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by a duly authorized officer on one or more counterparts as of the day
and year first written above.
THE TOCQUEVILLE TRUST U.S. BANCORP FUND SERVICES, LLC
By:_________________________________ By:_________________________________
