Ex. 99-B.8.112 FIRST AMENDMENT TO THE ADMINISTRATIVE SERVICE AGREEMENT
Ex. 99-B.8.112
FIRST AMENDMENT TO THE
ADMINISTRATIVE SERVICE AGREEMENT
This First Amendment, dated as of March 1, 1995 between Aetna Life Insurance
and Annuity Company (“ALIAC” or the “Sub-Administrator”) located at 000 Xxxxxxxxxx
Xxxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000 and Xxxxxxxxx & Xxxxxx Management
Incorporated located at 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX 000000-0000
(“NBMI”) is made to the Administrative Service Agreement, dated as of May 24, 1994,
and amended as of March 1, 1995, between the Sub-Administrator and NBMI (the
“Agreement”).
WHEREAS, the Sub-Administrator and NBMI desire to amend the terms and
conditions of the Agreement to provide for certain changes in their relationship .
NOW, THEREFORE, in consideration of the promises and mutual covenants
hereinafter contained, the parties agree as follows:
Article 1. Fees.
The parties hereto agree that Section 2.1 of the Agreement is amended to
add that all payments for services made by NBMI under the Agreement shall be in
accordance with an invoice provided by NBMI to the Sub-Administrator which shall be
based on the Funds’ records with their transfer agent.
Article 2. Representations and Warranties of NBMI
The parties hereto agree that Article 3 of the Agreement is amended to add
as follows:
“NBMI represents and warrants to the Sub-Administrator that the
following are true and will remain true throughout the term of this Agreement.”
Article 3. Representations, Warranties, Covenants of the Sub-Administrator
The parties hereto agree that Article 4 of the Agreement is amended to add
as follows:
“The Sub-Administrator represents, warrants and covenants to NBMI that
the following are true through out the term of this Agreement.”
Article 4. Indemnification
(a) The parties hereto agree that Section 5.1 of the Agreement is
amended to replace (i) with the following: “the Sub-Administration’s failure to comply
with the material terms of this Agreement or the falsity of or breach of any
representation, warranty or covenant made by the Sub-Administration;”.
(b) The parties hereto agree that Section 5.2 of the Agreement is
amended to replace (i) with the following: “NBMI’s failure to comply with the material
terms of this Agreement or the falsity of or breach of any representation, warranty or
covenant made by NBMI;”.
Article 5. Schedule A
The parties hereto agree that Appendix A of the Agreement is hereby
deleted and replaced with Appendix A attached hereto.
Article 6. Miscellaneous
(a) All other terms and conditions of the Agreement remain in full
force and effect.
(b) Terms used herein but not defined herein shall have the meanings
set forth in the Agreement.
(c) This First Amendment may be executed in two or more
counterparts, each of which shall be deemed to be an original, but all of which together
shall constitute one and the same First Amendment.
AETNA LIFE INSURANCE AND
ANNUITY COMPANY
| By: | /s/ Xxxxx X. Xxxxxxx | |
| Name: | Xxxxx X.Xxxxxxx | |
| Title: | Senior Vice President | |
XXXXXXXXX & XXXXXX
MANAGEMENT INCORPORATED
| By: | /s/ Xxxxxx X. Xxxxxxxx |
| Name: | |
| Title: |
APPENDIX A
Date Added to Agreement
| Xxxxxxxxx | & | Xxxxxx Genesis Trust | May | 25, | 1994 |
| Xxxxxxxxx | & | Xxxxxx Guardian Trust | May | 25, | 0000 |
| Xxxxxxxxx | & | Xxxxxx Xxxxxxxxx Trust | May | 25, | 1994 |
| Xxxxxxxxx | & | Xxxxxx Ultra Short Bond Trust | May | 25, | 1994 |
| Xxxxxxxxx | & | Xxxxxx Focus Trust | March 1, 1995 | ||
Date of Supplement: March 1, 1995
