FULFILLMENT SERVICING AGREEMENT
This Agreement between Firstar Trust Company (FTC) and The XXXXXXXX XXXXXX
TRUST, a Delaware business trust consisting of one fund: The Xxxxxxxx Xxxxxx
Value Plus Fund, (hereinafter called the "Fund") is entered into on this
sixteenth day of January, 1998.
WHEREAS, the Fund provides investment opportunities to prospective shareholders
through a open end mutual fund; and
WHEREAS, FTC provides fulfillment services to mutual funds;
NOW THEREFORE, the parties agree as follows:
DUTIES AND RESPONSIBILITIES OF FTC
1. Answer all prospective shareholder calls concerning any of The
Xxxxxxxx Xxxxxx Value Plus Fund listed in the attached Schedule A
which may be modified from time to time.
2. Send all available fund(s) materials requested by the prospect which
may include but not limited to, prospectus, financial statements, new
account forms, fact sheets, and sales literature or other materials at
the direction of the Fund within 24 hours from time of call.
3. Receive and update all fund fulfillment literature so that most
current information is sent and quoted.
4. Provide 24 hour answering service to record prospect calls made after
hours (8 p.m. to 9 a.m. NYT).
5. Maintain and store fund fulfillment inventory.
6. Send periodic fulfillment reports to the fund as agreed upon between
the parties.
DUTIES AND RESPONSIBILITIES OF THE FUND
1. Provide fund fulfillment literature updates to FTC as necessary.
2. Supply FTC with sufficient inventory of fulfillment materials as
requested from time to time by FTC
3. Provide FTC with any sundry information about the Fund in order to
answer prospect questions.
COMPENSATION
Fund agrees to compensate FTC for the services performed under this agreement in
accordance with the attached Schedule B; the Fund agrees to pay all invoices
within ten days of receipt.
PROPRIETARY AND CONFIDENTIAL INFORMATION
FTC agrees on behalf of itself and its directors, officers, and employees to
treat confidentiality and as proprietary information of the Fund all records and
other information relative to the Fund and prior, present, or potential
shareholders of the Fund (and clients of said shareholders), and not to use such
records and information for any purpose other than performance of its
responsibilities and duties thereunder, except after prior notification to and
approval in writing by the Fund, which approval shall not be unreasonably
withheld and may not be withheld where FTC may be exposed to civil or criminal
contempt proceedings for failure to comply, when requested to divulge such
information by duly constituted authorities, or when so requested by the Fund.
TERMINATION
This agreement may be terminated by either party upon 30 days written notice.
Dated this sixteenth day of January, 1998.
THE XXXXXXXX XXXXXX TRUST FIRSTAR TRUST COMPANY
By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxx X. Xxxxxxx
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Print: Xxxxxx X. Xxxxxx Print: Xxx X. Xxxxxxx
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Title: Chairman Title: Senior Vice President
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Date: 1-16-98 Date: 1/22/98
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Attest: /s/ Xxxxxxx Xxxxxxxx Attest: /s/ Xxxx X. Xxxx
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