AMENDMENT TO THE
CUSTODIAN CONTRACT
AGREEMENT made this 7th day of July, 1988 by and between STATE STREET BANK
AND TRUST COMPANY ("Custodian") and FINANCIAL INDUSTRIAL FUND, INC. (the
"Fund").
WITNESSETH THAT:
WHEREAS, the Custodian and the Fund are parties to a Custodian Contract
dated February 1, 1980 (as amended to date, the "Contract") which governs the
terms and conditions under which the Custodian maintains custody of the
securities and other assets of the Fund:
NOW THEREFORE, the Custodian and the Fund hereby amend the terms of the
Custodian Contract and mutually agree to the following:
Replace subsection 7) of Section II.B. Delivery of Securities with the
following new subsection 7):
7) Upon the sale of such securities for the account of the Fund, to
the broker or its clearing agent, against a receipt, for examination
in accordance with "street delivery" custom; provided that in any
such case, the Custodian shall have no responsibility or liability
for any loss arising from the delivery of such securities prior to
receiving payment for such securities except as may arise from the
Custodian's own negligence or willful misconduct;
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be
executed in its name and on its behalf by a duly authorized officer as of the
day and year first above written.
ATTEST FINANCIAL INDUSTRIAL FUND, INC.
/s/ Xxxxx X. Xxxxxxxxxx /s/ Xxxx X. Xxxxxx
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ATTEST STATE STREET BANK AND TRUST COMPANY
/s/ Xxxxx X. Xxxxx /s/ X. Xxxxx Hawks, Jr.
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Assistant Secretary Vice President