FULFILLMENT SERVICING AGREEMENT
This
amended agreement between U.S. Bancorp Fund Services, LLC (USBFS) and Potomac
Funds, a Massachusetts Business Trust, (hereinafter called the “FUND”) is
entered into on this 16 day of February, 2004, and is meant to modify the
original agreement dated October 1, 1997.
WHEREAS,
the Fund provides investment opportunities to prospective shareholders through a
family of open end mutual funds; and
WHEREAS,
USBFS provides fulfillment services to mutual funds;
NOW,
THEREFORE, the parties agree as follows:
Duties
and responsibilities of USBFS
| 1. |
Answer
all prospective shareholders calls concerning any of the Funds listed in
the attached Schedule A that may be modified from time to
time. |
| 2. |
Provide
24 hour answering service to record prospect calls made after our normal
business
Hours
(7 p.m. to 8 a.m. CT). |
| 3. |
Send
periodic fulfillment reports to the Funds as agreed upon between the
parties. |
Compensation
The
Fund agrees to compensate USBFS for the services performed under this agreement
in accordance with the attached Schedule B; the Fund agrees to pay all invoices
within ten days of receipt.
Proprietary
and Confidential Information
USBFS
agrees on behalf of itself and its directors, officers, and employees to treat
confidentiality and
as
proprietary information of the Fund all records and other information relative
to the Fund and
prior,
present, or potential shareholders of the Fund (and clients of said
shareholders), and not to
use
such records and information for any purpose other than in the performance of
its responsibilities
and
duties thereunder, except after prior notification to and approval in writing by
the fund,
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, when requested
to
divulge
such information by duly constituted authorities, or when so requested by the
Fund.
Termination
This
agreement may be terminated by either party upon 30 days written
notice.
Dated
this 1st day of March, 2003
| Potomac Funds | USBFS |
| Sign: /s/ Xxxxxx X’Xxxxx | Sign: /s/ Xxx X. Xxxxxxx |
| Print: Xxxxxx X’Xxxxx | Print: Xxx X. Xxxxxxx |
| Title: President | Title: President |
| Date: 2/16/04 | Date: 5/14/04 |
| Attest: /s/ Xxxx X. Xxxxxxx | Attest: _________________ |
Exhibit
A
to
the
Fund
Names
| Name of Series | Potomac U.S./Short Fund |
| Potomac U.S. Plus Fund | Potomac OTC/Short Fund |
| Potomac OTC Plus Fund | Potomac Small Cap/Short Fund |
| Potomac Small Cap Plus Fund | Potomac Dow 30/Short Fund |
| Potomac Dow 30 Plus Fund | Potomac Japan/Short Fund |
| Potomac Japan Plus Fund | Potomac MidCap/Short Fund |
| Potomac MidCap Plus Fund | Potomac Total Market/Short Fund |
| Potomac Total Market Plus Fund | Potomac Cardinal Fund |
| Potomac Warwick Fund | Potomac Horizon Fund |
| Potomac Portfolio Strategies Fund | Potomac Flexible Plan VR Fund |
| Potomac U.S. Government Money Market Fund | |
| Potomac Evolution Managed Bond Fund | |
| Potomac Evolution Managed Equity Fund |
