KINETICS MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST FIFTH AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
KINETICS
MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST
FIFTH
AMENDMENT TO THE
THIS FIFTH AMENDMENT dated as
of this 18th day of December, 2009, to the Fund Accounting Servicing Agreement,
dated as of December 15, 2005, as amended June 16, 2006, December 15, 2006,
March 5, 2007 and December 6, 2007, is entered into by and among Kinetics Mutual Funds, Inc., a
Maryland corporation, Kinetics
Portfolios Trust, a Delaware business trust and U.S. Bancorp Fund Services,
LLC, a Wisconsin limited liability company.
RECITALS
WHEREAS, the parties have
entered into a Fund Accounting Servicing Agreement dated as of December 15,
2005, as previously amended (the “Agreement”); and
WHEREAS, the parties desire to
amend the Agreement; and
WHEREAS, Section 15 of the
Agreement allows for its amendment by a written instrument executed by the
parties.
NOW, THEREFORE, the parties
agree as follows:
Exhibit A
and Exhibit B are hereby superseded and replaced with Exhibit A and Exhibit B
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 Fifth 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.
BANCORP FUND SERVICES, LLC
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By:
/s/ Xxx
Xxxxxxx
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By:
/s/ Xxxxxxx
XxXxx
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Name:
Xxx
Xxxxxxx
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Name:
Xxxxxxx X. XxXxx
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Title:
Vice
President
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Title:
Executive Vice President
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KINETICS
PORTFOLIOS TRUST
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By: /s/
Xxxxxx Xxxxxxxx
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Name:
Xxxxxx
Xxxxxxxx
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Title:
Treasurer
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1
Exhibit
A
to
the Fund Accounting Servicing Agreement – Kinetics Mutual Funds, Inc. and
Kinetics Portfolios Trust at December, 2009
Separate
Series of Kinetics Mutual Funds, Inc. – Feeder Funds
Name of
Series
The
Internet Fund
The
Global Fund
The
Paradigm Fund
The
Tactical Paradigm Fund
The
Medical Fund
The Small
Cap Opportunities Fund
The
Kinetics Government Money Market Fund
The
Market Opportunities Fund
The Water
Infrastructure Fund
The
Multi-Disciplinary Fund
Separate
Series of Kinetics Portfolios Trust – Master Investment Portfolios
Name of
Series
The
Internet Portfolio
The
Global Portfolio
The
Paradigm Portfolio
The
Medical Portfolio
The Small
Cap Opportunities Portfolio
The
Kinetics Government Money Market Portfolio
The
Market Opportunities Portfolio
The Water
Infrastructure Portfolio
The
Multi-Disciplinary Portfolio
2
Exhibit
B
to
the
Fund
Accounting Servicing Agreement – Kinetics Mutual Funds, Inc. and
Kinetics
Portfolios Trust
Fee
Schedule at December, 2009 – Master Portfolios
Annual
fee based on complex of Master Portfolios net assets:
* ____
basis points on the first $_____
* ____
basis point on the balance
Plus
out-of-pocket expenses, including pricing service:
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Domestic
and Canadian Equities
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$___
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Options
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$___
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Corp/Gov/Agency
Bonds
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$___
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CMOs
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$___
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Currency
transactions
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$___
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International
Equities and Bonds
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$___
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Municipal
Bonds
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$___
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Money
Market Instruments
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$___
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Mutual
Funds
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$___/fund/mo.
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Fees
and out-of-pocket expenses are billed to the fund
monthly. Note: all schedules subject to change depending
upon the use of derivatives – options, futures, short sales, etc.
Annual
fee schedule at December, 2009 – Feeder Funds
___
of ___ basis point on complex of Feeder Fund net assets
Plus: The
Paradigm Absolute Return Fund: $______ per year.
Minimum
Annual Fee of $______ Note: Minimum is based on the combined fees for
both the Master Portfolios and the Feeder Funds and does not include pricing of
securities fees.
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