EXHIBIT 99(h)(9)
CONSULTING AGREEMENT
BETWEEN
VOYAGEUR ASSET MANAGEMENT INC.
AND
ANALYTIC SYSTEMS, INC.
THIS AGREEMENT by and between Voyageur Asset Management Inc., a
Minnesota corporation with its principal office at 000 Xxxxx Xxxxx Xxxxxx, Xxxxx
0000, Xxxxxxxxxxx, Xxxxxxxxx 00000 ("Adviser"), and ANALYTIC SYSTEMS, INC., an
Illinois corporation with its principal office at 0000 X. Xxxx Xxxxx Xxxxx, 00xx
Xxxxx, Xxxxxxx, XX 00000 ("Consultant"), is made pursuant to the approval and
direction of the parties' respective authorized officers and may be executed in
any number of counterparts, each of which shall be deemed to be an original, but
all of which together shall constitute but one instrument.
WITNESSETH:
WHEREAS, Tamarack Microcap Value Fund ("Fund") is a series of Tamarack
Funds Trust ("Trust"), an open-end series-type investment company registered
under the Investment Company Act of 1940 ("1940 Act"); and
WHEREAS, the Adviser acts as investment adviser to the Fund under an
Investment Advisory Agreement; and
WHEREAS, the Adviser wishes to retain Consultant to provide certain
services related to the management of the assets of the Fund.
NOW, THEREFORE, in consideration of the mutual agreements herein
contained, the parties agree as follows:
1. During the term of this Agreement, the Consultant will, to
the best of its ability, furnish to the Adviser research and analysis
with respect to the Fund's portfolio and the types of securities in
which the Fund invests; and statistical information and reports as may
reasonably be requested by the Adviser.
2. The Adviser agrees that it will furnish currently to the
Consultant all information reasonably necessary to permit Consultant to
perform the services called for under this Agreement, and the parties
agree that they will from time to time consult and make appropriate
arrangements as to specific information that is required under this
paragraph and the frequency and manner with which it shall be supplied.
3. Fees. As compensation, the Adviser will pay Consultant for
its services a fee computed daily as determined by the Fund's price
make up sheet and payable monthly or at such other intervals as agreed
by the parties at an annual rate of:
a. 0.20% on the first $50 million of the average daily net
assets of the Fund.
b. 0.10% on the next $100 million of the average daily net
assets of the Fund.
c. 0.03% on the assets exceeding $150 million of the average
daily net assets of the Fund.
4. Term. This Agreement may be terminated at any time by
either party upon one hundred twenty (120) days' written notice, and
will automatically terminate upon the termination of the Investment
Advisory Agreement.
5. Non-Exclusivity. It is understood and agreed that the
services to be rendered by the Consultant to the Adviser under the
provisions of this Agreement are not to be deemed to be exclusive, and
the Consultant shall be free to render similar or different services to
others so long as its ability to render the services provided for in
this Agreement shall not be impaired thereby, and provided further that
the services to be rendered by the Consultant to the Adviser under this
Agreement and the compensation provided for in Paragraph 3 hereof shall
be limited solely to services with references to the Fund.
6. Liability. The Consultant shall not be liable for any error
of judgment or mistake at law or for any loss suffered by Adviser in
connection with any matters to which this Agreement relates except that
nothing herein contained shall be construed to protect the Consultant
against any liability by reason of willful misfeasance, bad faith or
gross negligence in the performance of its duties or by reckless
disregard of its obligations or duties under this agreement.
7. Assignment. This Agreement and the rights and duties
hereunder shall not be assignable with respect to the Trust and Fund or
either of the parties hereto except by the specific written consent of
the other party. This Agreement shall be binding upon, and shall inure
to the benefit of the parties hereto and their respective successors
and permitted assignees.
8. Amendment. No amendment to this Agreement shall be valid
unless in writing and executed by both parties and assented to by the
Trust.
Each party hereby executes this Agreement as of the 1st day of
November, 2007, pursuant to the authority granted by its authorized officers.
ANALYTIC SYSTEMS, INC.
By: /s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
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Title: President
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VOYAGEUR ASSET MANAGEMENT INC.
By: /s/ Xxxx X. Xxxxx
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Name: Xxxx X. Xxxxx
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Title: Head of Retail Asset Management
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