FIRST AMENDMENT TO THE AMENDED AND RESTATED CUSTODY AGREEMENT
FIRST AMENDMENT TO THE AMENDED AND RESTATED
THIS FIRST FOURTTHIRD AMENDMENT dated as of the ____ day of November, 2014, to the Amended and Restated Custody Agreement dated October 1, 2012, (the "Agreement"), is entered into by and between Intrepid Capital Management Funds Trust, a Delaware statutory trust (the "Trust") and U.S. Bank, N.A., a national banking association (the "Custodian").
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the Trust and the Custodian desire to amend the Agreement to add the Intrepid International Fund and to amend the fees; and
WHEREAS, Article XV, Section 15.02 of the Agreement allows for its amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree as follows:
Exhibit B of the Agreement is hereby superseded and replaced with Amended Exhibit B attached hereto.
Exhibit C of the Agreement is hereby superseded and replaced with Amended Exhibit C attached hereto.
Except to the extent supplemented hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
INTREPID CAPITAL MANANGEMENT
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U.S. BANK, N.A.
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FUNDS TRUST
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By: ______________________________
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By: ________________________________
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Name: ___________________________
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Name: Xxxxxxx X. XxXxx
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Title: ___________________________
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Title: Senior Vice President
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1
AMENDED EXHIBIT B
to the Custody Agreement
Fund Names
Name of Series
Intrepid Capital Fund08-10-2004
Intrepid Small Cap Fund
Intrepid Income Fund
Intrepid Disciplined Value Fund
Intrepid International Fund
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2
AMENDED EXHIBIT C to the Custody Agreement – Intrepid Capital Management Funds Trust
DOMESTIC CUSTODY SERVICES - FEE SCHEDULE
Effective December 31, 2014
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Annual Fee Based Upon Market Value Per Fund*
[ ] basis point on average daily market value
Minimum annual fee-
$[ ] Intrepid Capital Fund
$[ ] Intrepid Capital Small Cap Fund
$[ ] Intrepid Income Fund
$[ ] Intrepid Disciplined Value Fund
[ ] Intrepid International Fund
Monthly base fee-
$[ ] Intrepid International Fund
Plus portfolio transaction fees
Portfolio Transaction Fees
$ [ ] per disbursement (waived if U.S. Bancorp is Administrator)
$ [ ] per US Bank repurchase agreement transaction
$ [ ] per book entry security (depository or Federal Reserve system) and non-US Bank repurchase agrmt
$ [ ] per portfolio transaction processed through our New York custodian definitive security (physical)
$ [ ] per principal paydown
$ [ ] per option/future contract written, exercised or expired
$ [ ] per mutual fund trade/Fed wire/margin variation Fed wire
$ [ ] per short sale
$ [ ] per segregated account per year
· A transaction is a purchase/sale of a security, free receipt/free delivery, maturity, tender or exchange.
· No charge for the initial conversion free receipt.
· Overdrafts – charged to the account at prime interest rate plus [ ].
· Plus out-of-pocket expenses, and extraordinary expenses based upon complexity, including items such as shipping fees or transfer fees.
Bank Loan Services- $[ ] annual base fee per account.
Fees are billed monthly.
* Subject to CPI increase, Milwaukee MSA.
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3
Amended Exhibit C (continued) to the Custody Agreement
GLOBAL SUB-CUSTODIAL SERVICES
ANNUAL FEE SCHEDULE at August, 2010
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Country
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Instrument
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Safekeeping
(BPS)
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Transaction
Fee
|
Country
|
Instrument
|
Safekeeping
(BPS)
|
Transaction
Fee
|
|
Argentina
|
All
|
[ ]
|
$[ ]
|
Lebanon
|
All
|
[ ]
|
$[ ]
|
|
Australia
|
All
|
[ ]
|
$[ ]
|
Lithuania
|
All
|
[ ]
|
$[ ]
|
|
Austria
|
All
|
[ ]
|
$[ ]
|
Luxembourg
|
All
|
[ ]
|
$[ ]
|
|
Bahrain
|
All
|
[ ]
|
$[ ]
|
Malaysia
|
All
|
[ ]
|
$[ ]
|
|
Bangladesh
|
All
|
[ ]
|
$[ ]
|
Mali*
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All
|
[ ]
|
$[ ]
|
|
Belgium
|
All
|
[ ]
|
$[ ]
|
Malta
|
All
|
[ ]
|
$[ ]
|
|
Benin*
|
All
|
[ ]
|
$[ ]
|
Mauritius
|
All
|
[ ]
|
$[ ]
|
|
Bermuda
|
All
|
[ ]
|
$[ ]
|
Mexico
|
All
|
[ ]
|
$[ ]
|
|
Botswana
|
All
|
[ ]
|
$[ ]
|
Morocco
|
All
|
[ ]
|
$[ ]
|
|
Brazil
|
All
|
[ ]
|
$[ ]
|
Namibia
|
All
|
[ ]
|
$[ ]
|
|
Bulgaria
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All
|
[ ]
|
$[ ]
|
Netherlands
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All
|
[ ]
|
$[ ]
|
|
Burkina Faso*
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All
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[ ]
|
$[ ]
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New Zealand
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All
|
[ ]
|
$[ ]
|
|
Canada
|
All
|
[ ]
|
$[ ]
|
Niger*
|
All
|
[ ]
|
$[ ]
|
|
Cayman Islands*
|
All
|
[ ]
|
$[ ]
|
Nigeria
|
All
|
[ ]
|
$[ ]
|
|
Channel Islands*
|
All
|
[ ]
|
$[ ]
|
Norway
|
All
|
[ ]
|
$[ ]
|
|
Chile
|
All
|
[ ]
|
$[ ]
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Oman
|
All
|
[ ]
|
$[ ]
|
|
China“A” Shares
|
All
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[ ]
|
$[ ]
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Pakistan
|
All
|
[ ]
|
$[ ]
|
|
China“B” Shares
|
All
|
[ ]
|
$[ ]
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Peru
|
All
|
[ ]
|
$[ ]
|
|
Columbia
|
All
|
[ ]
|
$[ ]
|
Philippines
|
All
|
[ ]
|
$[ ]
|
|
Costa Rica
|
All
|
[ ]
|
$[ ]
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Poland
|
All
|
[ ]
|
$[ ]
|
|
Croatia
|
All
|
[ ]
|
$[ ]
|
Portugal
|
All
|
[ ]
|
$[ ]
|
|
Cyprus*
|
All
|
[ ]
|
$[ ]
|
Qatar
|
All
|
[ ]
|
$[ ]
|
|
Czech Republic
|
All
|
[ ]
|
$[ ]
|
Romania
|
All
|
[ ]
|
$[ ]
|
|
Denmark
|
All
|
[ ]
|
$[ ]
|
Russia
|
Equities/Bonds
|
[ ]
|
$[ ]
|
|
Ecuador
|
All
|
[ ]
|
$[ ]
|
Russia
|
MINFINs
|
[ ]
|
$[ ]
|
|
Egypt
|
All
|
[ ]
|
$[ ]
|
Senegal*
|
All
|
[ ]
|
$[ ]
|
|
Estonia
|
All
|
[ ]
|
$[ ]
|
Singapore
|
All
|
[ ]
|
$[ ]
|
|
Euromarkets(3)
|
All
|
[ ]
|
$[ ]
|
Slovak Republic
|
All
|
[ ]
|
$[ ]
|
|
Finland
|
All
|
[ ]
|
$[ ]
|
Slovenia
|
All
|
[ ]
|
$[ ]
|
|
France
|
All
|
[ ]
|
$[ ]
|
South Africa
|
All
|
[ ]
|
$[ ]
|
|
Germany
|
All
|
[ ]
|
$[ ]
|
South Korea
|
All
|
[ ]
|
$[ ]
|
|
Ghana
|
All
|
[ ]
|
$[ ]
|
Spain
|
All
|
[ ]
|
$[ ]
|
|
Greece
|
All
|
[ ]
|
$[ ]
|
Sri Lanka
|
All
|
[ ]
|
$[ ]
|
|
Guinea Bissau*
|
All
|
[ ]
|
$[ ]
|
Swaziland
|
All
|
[ ]
|
$[ ]
|
|
Hong Kong
|
All
|
[ ]
|
$[ ]
|
Sweden
|
All
|
[ ]
|
$[ ]
|
|
Hungary
|
All
|
[ ]
|
$[ ]
|
Switzerland
|
All
|
[ ]
|
$[ ]
|
|
Iceland
|
All
|
[ ]
|
$[ ]
|
Taiwan
|
All
|
[ ]
|
$[ ]
|
|
India
|
All
|
[ ]
|
$[ ]
|
Thailand
|
All
|
[ ]
|
$[ ]
|
|
Indonesia
|
All
|
[ ]
|
$[ ]
|
Togo*
|
All
|
[ ]
|
$[ ]
|
|
Ireland
|
All
|
[ ]
|
$[ ]
|
Trinidad & Tobago*
|
All
|
[ ]
|
$[ ]
|
|
Israel
|
All
|
[ ]
|
$[ ]
|
Tunisia
|
All
|
[ ]
|
$[ ]
|
|
Italy
|
All
|
[ ]
|
$[ ]
|
Turkey
|
All
|
[ ]
|
$[ ]
|
|
Ivory Coast
|
All
|
[ ]
|
$[ ]
|
UAE
|
All
|
[ ]
|
$[ ]
|
|
Jamaica*
|
All
|
[ ]
|
$[ ]
|
United Kingdom
|
All
|
[ ]
|
$[ ]
|
|
Japan
|
All
|
[ ]
|
$[ ]
|
Ukraine
|
All
|
[ ]
|
$[ ]
|
|
Jordan
|
All
|
[ ]
|
$[ ]
|
Uruguay
|
All
|
[ ]
|
$[ ]
|
|
Kazakhstan
|
All
|
[ ]
|
$[ ]
|
Venezuela
|
All
|
[ ]
|
$[ ]
|
|
Kenya
|
All
|
[ ]
|
$[ ]
|
Vietnam*
|
All
|
[ ]
|
$[ ]
|
|
Latvia
|
Equities
|
[ ]
|
$[ ]
|
Zambia
|
All
|
[ ]
|
$[ ]
|
|
Latvia
|
Bonds
|
[ ]
|
$[ ]
|
* Additional customer documentation and indemnification will be required prior to establishing accounts in these markets.
Base Fee - A monthly base charge of $[ ] per account (fund) will apply. WAIVED if number of foreign securities does not exceed [ ] per portfolio.
§
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Euroclear – Eurobonds only. Eurobonds are held in Euroclear at a standard rate, but other types of securities (including but not limited to equities, domestic market debt and mutual funds) will be subject to a surcharge. In addition, certain transactions that are delivered within Euroclear or from a Euroclear account to a third party depository or settlement system, will be subject to a surcharge (surcharge schedule available upon request).
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4
§
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For all other markets specified above, surcharges may apply if a security is held outside of the local market.
|
Straight Through Processing – fees waived.
Cash Transactions:
§
|
3rd Party Foreign Exchange – a Foreign Exchange transaction undertaken through a 3rd party will be charged $[ ].
|
Tax Reclamation Services: May be subject to additional charges depending upon the service level agreed. Tax reclaims that have been outstanding for more than [ ] ([ ]) months with the client will be charged $[ ] per claim.
Out of Pocket Expenses
§
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Charges incurred by U.S. Bank, N.A. for local taxes, stamp duties or other local duties and assessments, stock exchange fees, postage and insurance for shipping, facsimile reporting, extraordinary telecommunications fees, proxy services and other shareholder communications or other expenses which are unique to a country in which the client or its clients is investing will be passed along as incurred.
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§
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A surcharge may be added to certain out-of-pocket expenses listed herein to cover handling, servicing and other administrative costs associated with the activities giving rise to such expenses. Also, certain expenses are charged at a predetermined flat rate.
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§
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SWIFT reporting and message fees.
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5