Exhibit 7(o)
AMENDMENT TO CUSTODIAN CONTRACT
Amendment dated December 5, 2000, by and between State Street Bank and
Trust Company (the "Custodian") and Janus Aspen Series (the "Fund"), on behalf
of its Portfolios ("Portfolio") to the custody contract between the Custodian
and the Fund, dated September 13, 1993, as amended (the "Custodian Contract").
WHEREAS, the Custodian serves as the custodian of each Portfolio's
assets pursuant to the Custodian Contract;
WHEREAS, the Fund may appoint one or more banks, identified on Schedule
A attached hereto, as amended from time to time, to serve as additional
custodians for the Fund's Portfolios (each, a "Repo Custodian") for the limited
purpose of that Portfolio's engaging in tri-party repurchase agreement
transactions ("Tri-Party Repos");
WHEREAS, the Fund may direct the Custodian to make "free delivery" to
one or more Repo Custodians of monies or securities of a Fund Portfolio
maintained in custody by the Custodian for that Portfolio pursuant to the
Custodian Contract for purposes of engaging in Tri-Party Repos; and
WHEREAS, the Custodian and the Fund desire to amend the Custodian
Contract to permit the Custodian to make free delivery of Portfolio assets to
Repo Custodians from time to time.
NOW, THEREFORE, the Custodian and the Fund hereby agree to amend the
Custodian Contract by adding the following provisions thereto:
1. Notwithstanding anything to the contrary in the Custodian Contract, upon
receipt of Proper Instructions (as defined in the Custodian Contract), the
Custodian shall deliver monies and/or securities of the Fund Portfolio to any
account maintained for the Fund by a Repo Custodian listed on Schedule A
attached hereto, which delivery may be made without contemporaneous receipt by
the Custodian of monies or securities in exchange therefor. Upon such delivery
of monies or securities in accordance with such Proper Instructions, the
Custodian shall have no further responsibility or obligations to the Fund
Portfolio as a custodian of the Portfolio with respect to the monies or
securities so delivered.
2. The Fund may amend Schedule A of this Amendment from time to time to add or
delete a Repo Custodian or change the identification of the account maintained
by a Repo Custodian for the Fund by delivering Special Instructions (as defined
herein) to the Custodian. The term "Special Instructions" shall mean written
instructions executed by at least two officers of the Fund holding the office of
Vice President or higher. In all other respects, the Custodian Contract shall
remain in full force and effect and the Custodian and the Fund shall perform
their respective obligations in accordance with the terms thereof.
IN WITNESS WHEREOF, each of the parties has caused this instrument to
be executed in its name and on its behalf by its duly authorized representative
as of the date written aboveVPCHI01/#677465.1 1/23/01 .
JANUS ASPEN SERIES
On behalf of its Portfolios
By:
Its:
STATE STREET BANK AND TRUST COMPANY
By:
Xxxxxx X. Xxxxx
Its: Vice Chairman
SCHEDULE A
Dated: December 5, 2000
to
Amendment dated April 5, 2000, to Custodian Contract
Of September 13, 1993, between
State Street Bank and Trust Company and
Janus Aspen Series
On Behalf of its Portfolios
TRI-PARTY REPO CUSTODIAN BANKS ACCOUNT NUMBERS
The Bank of New York
The Chase Manhattan Bank
Bankers Trust Company
Authorized Signatures:
By: _______________________________ By: _________________________
Title: _____________________________ Title: _______________________
Date: _____________________________ Date: ________________________
