Exhibit (h)(6)
AMENDMENT
TO
COMPLIANCE SERVICES AGREEMENT
AMENDMENT dated as of December 27, 2005, between THE XXXXXX XXXXXXXXX TRUST (the
"Trust"), a Delaware business trust having its principal place of business at
Five Tower Bridge 000 Xxxx Xxxxxx Xx. Xxxxx 000, Xxxx Xxxxxxxxxxxx, Xxxxxxxxxxxx
00000, and BISYS FUND SERVICES OHIO, INC. ("BISYS"), an Ohio corporation having
its principal place of business at 0000 Xxxxxxx Xxxx, Xxxxxxxx, Xxxx 00000, to
that Compliance Services Agreement dated September 14, 2004, (as amended, the
"Agreement"), under which BISYS performs compliance services for the Trust.
WHEREAS, the parties hereto wish to extend the term of the Agreement.
NOW THEREFORE, in consideration of the foregoing and the mutual premises
and covenants herein set forth, the parties agree as follows:
1. Capitalized terms not otherwise defined herein shall have the same
meaning as in the Agreement.
2. Section 5 of the Agreement, entitled "Term and Termination," shall be
amended by replacing the first paragraph of the Section with the
following:
"The compliance services to be rendered by BISYS under this
Agreement (the "Compliance Services") shall commence upon the
date of this Agreement and shall continue in effect through
December 31, 2006 (the "Term") unless earlier terminated pursuant
to the terms of this Agreement. During such Term, the Compliance
Services may be terminated upon thirty (30) days notice for
"cause," as defined below. Following the Term, the Compliance
Services may be terminated by either party for "cause," as
provided above, or by providing the other party with ninety (90)
days written notice of termination."
3. This Amendment may be executed in one or more counterparts, each of
which will be deemed an original, but all of which together shall
constitute one and the same instrument.
4. Except as expressly set forth herein, all other provisions of the
Agreement shall remain unchanged and in full force and effect.
* * * * *
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first written above.
THE XXXXXX XXXXXXXXX TRUST
By: /s/ Xxxxxx Xxxx
------------------------------------
Name: Xxxxxx Xxxx
Title: Vice President and Treasurer
BISYS FUND SERVICES OHIO, INC.
By: /s/ Xxxx Xxxxxxx
------------------------------------
Name: Xxxx Xxxxxxx
Title: President
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