EXHIBIT 99(h)(9)
CONSULTING AGREEMENT
BETWEEN
VOYAGEUR ASSET MANAGEMENT INC.
AND
ANALYTIC SYSTEMS, INC.
THIS AGREEMENT by and between Voyageur Asset Management Inc., a
Minnesota corporation with its principal office at 000 Xxxxx Xxxxx Xxxxxx, Xxxxx
0000, Xxxxxxxxxxx, Xxxxxxxxx 00000 ("Adviser"), and ANALYTIC SYSTEMS, INC., an
Illinois corporation with its principal office at 0000 X. Xxxx Xxxxx Xxxxx, 00xx
Xxxxx, Xxxxxxx, XX 00000 ("Consultant"), is made pursuant to the approval and
direction of the parties' respective authorized officers and/or Board of
Trustees and may be executed in any number of counterparts, each of which shall
be deemed to be an original, but all of which together shall constitute but one
instrument.
WITNESSETH:
WHEREAS, Tamarack Microcap Value Fund ("Fund") is a series of Tamarack
Funds Trust ("Trust"), an open-end series-type investment company registered
under the Investment Company Act of 1940 ("1940 Act"); and
WHEREAS, the Adviser acts as investment adviser to the Fund under an
Investment Advisory Agreement; and
WHEREAS, the Adviser wishes to retain Consultant to provide certain
services related to the management of the assets of the Fund.
NOW, THEREFORE, in consideration of the mutual agreements herein
contained, the parties agree as follows:
1. During the term of this Agreement, the Consultant will, to the best
of its ability, furnish to the Adviser research and analysis with respect to the
Fund's portfolio and the types of securities in which the Fund invests; and
statistical information and reports as may reasonably be requested by the
Adviser.
2. The Adviser agrees that it will furnish currently to Consultant all
information reasonably necessary to permit Consultant to perform the services
called for under this Agreement, and the parties agree that they will from time
to time consult and make appropriate arrangements as to specific information
that is required under this paragraph and the frequency and manner with which it
shall be supplied.
3. Fees. As compensation, the Adviser will pay Consultant for its
services a fee computed daily as determined by the Fund's price make up sheet
and payable monthly or at such
other intervals as agreed by the parties at an annual rate of: twenty one
hundredths of one percent (20/100 of 1%) of the average daily net assets of the
Fund.
4. Term. Provided this Agreement is approved by the Trust's Board of
Trustees, the Agreement shall continue in effect from year to year provided that
its continuance is specifically approved at least annually by the Trust's Board
of Trustees. This Agreement may be terminated at any time by either party, or by
the Trust, upon sixty days' written notice and will automatically terminate with
the termination of the Investment Advisory Agreement.
5. Non-Exclusivity. It is understood and agreed that the services to be
rendered by the Consultant to the Adviser under the provisions of this Agreement
are not to be deemed to be exclusive, and the Consultant shall be free to render
similar or different services to others so long as its ability to render the
services provided for in this Agreement shall not be impaired thereby, and
provided further that the services to be rendered by the Consultant to the
Adviser under this Agreement and the compensation provided for in Paragraph 3
hereof shall be limited solely to services with reference to the Fund.
6. Liability. The Consultant shall not be liable for any error of
judgment or mistake at law or for any loss suffered by Adviser in connection
with any matters to which this Agreement relates except that nothing herein
contained shall be construed to protect the Consultant against any liability by
reason of willful misfeasance, bad faith or gross negligence in the performance
of its duties or by reckless disregard of its obligations or duties under this
agreement.
8. Assignment. This Agreement and the rights and duties hereunder shall
not be assignable with respect to the Trust and Fund or either of the parties
hereto except by the specific written consent of the other party. This Agreement
shall be binding upon, and shall inure to the benefit of the parties hereto and
their respective successors and permitted assignees.
9. Amendment. No amendment to this Agreement shall be valid unless in
writing and executed by both parties and assented to by the Trust.
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Each party hereby executes this Agreement as of the 16 day of April, 2004,
pursuant to the authority granted by its authorized officers and/or Board
of Trustees.
ANALYTIC SYSTEMS, INC.
By: /s/ Xxxxx X. Xxxxxxx
-----------------------------------
Xxxxx X. Xxxxxxx
President
Attest:
-------------------------
VOYAGEUR ASSET MANAGEMENT INC.
By: /s/ Xxxxxxx X. Xxx
------------------------------------
Xxxxxxx X. Xxx
Chief Operating Officer
Attest:
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Accepted and Agreed by:
TAMARACK FUNDS TRUST
By: /s/ Xxxxxxxx Xxxxxxx
-----------------------------
Name: Xxxxxxxx Xxxxxxx
---------------------------
Title: President and CEO
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