KINETICS MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST SECOND AMENDMENT TO THE CUSTODY AGREEMENT
KINETICS
MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST
SECOND
AMENDMENT TO THE CUSTODY AGREEMENT
THIS
SECOND AMENDMENT dated as of this 5th
day of March,
2007, to the Custody Agreement, dated as of June 26, 2006 as amended December
15, 2006, is entered into by and among Kinetics Mutual Funds,
Inc., a Maryland corporation, Kinetics Portfolios Trust,
a Delaware business trust and U.S. Bank National Association,
a national banking association
organized and existing under the laws of
the United State of America with its principal place of business at Cincinnati,
Ohio.
RECITALS
WHEREAS,
the parties have entered into a Custody Agreement dated as of June
26,
2006, as previously amended (the “Agreement”); and
WHEREAS,
the parties desire to amend the Agreement; and
WHEREAS,
Article 14.2 of the Agreement allows for its amendment by a written instrument
executed by both parties;
NOW,
THEREFORE, the parties agree as follows:
Exhibit
D, the fee schedule of the Agreement, is hereby superseded and replaced with
Exhibit D attached hereto.
Except
to
the extent amended hereby, the Agreement shall remain in full force and
effect.
IN
WITNESS WHEREOF,
the parties hereto have caused this Second Amendment to be executed by a duly
authorized officer on one or more counterparts as of the date and year first
written above.
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KINETICS
MUTUAL FUNDS, INC.
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U.S.
BANK NATIONAL ASSOCIATION
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By:
/s/Xxx Xxxxxxx
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By:
/s/Xxxxxxx X. XxXxx
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Name:
Xxx Xxxxxxx
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Name:
Xxxxxxx X. XxXxx
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Title:
Assistant Secretary
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Title:
Vice President
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By:
/s/Xxx Xxxxxxx
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Name:
Xxx Xxxxxxx
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Title:
Assistant Secretary
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