Fulfillment Servicing Agreement
This Agreement between Firstar Mutual Fund Services LLC and the ICON Funds (the
Funds) is entered into on this 10 day of November, 1998.
WHEREAS, the ICON Funds provide investment opportunities to prospective
shareholders through a family of open end mutual funds; and
WHEREAS, Firstar Mutual Fund Services LLC provides fulfillment services to
mutual funds;
NOW THEREFORE, the parties agree as follows:
Duties and responsibilities of Firstar Mutual Fund Services LLC
1. Answer all prospective shareholder calls concerning any of the ICON Funds
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...within 24 hours from time of call.
3. Receive and update all ICON Funds fulfillment literature so that most
current information is sent and quoted.
4. Provide 24 hour answering service to record prospect calls made after
hours (7 p.m. to 8 a.m. CT).
5. Maintain and store the ICON Funds fulfillment inventory.
6. Send periodic fulfillment reports to the ICON Funds as agreed upon
between the parties.
Duties and responsibilities of the ICON Funds
1. Provide the ICON Funds fulfillment literature updates to Firstar Mutual
Fund Services LLC as necessary.
2. File with the NASD, SEC and State Regulatory Agencies, as appropriate, all
fulfillment literature that the ICON Funds request Firstar Mutual Fund
Services LLC to send to prospective shareholders.
3. Supply Firstar Mutual Fund Services LLC with sufficient inventory of
fulfillment materials as requested from time to time by Firstar Mutual
Fund Services LLC.
4. Provide Firstar Mutual Fund Services LLC with any sundry information about
the ICON Funds in order to answer prospect questions.
Indemnification
The ICON Funds agree to indemnify Firstar Mutual Fund Services from any
liability arising out of the distribution of fulfillment literature which has
not been approved by the appropriate Federal and State Regulatory Agencies.
Compensation
The ICON Funds agree to compensate Firstar Mutual Fund Services LLC for the
services performed under this Agreement in accordance with the attached Schedule
B; the ICON Funds agree to pay all invoices within ten days of receipt.
Proprietary and Confidential Information
Firstar Mutual Fund Services LLC 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 approve shall
not be unreasonably withheld and may not be withheld where Firstar Mutual Fund
Services LLC 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.
Notices
Notices of any kind to be given by either party to the other party shall be in
writing and shall be duly given if mailed or delivered as follows: Notice to
Firstar Mutual Fund Services LLC shall be sent to:
Firstar Mutual Fund Services LLC
000 Xxxx Xxxxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
and notice to ICON Funds shall be sent to:
Meridian Investment Management
00000 Xxxx Xxxxxxxx Xxxx
Xxxxx XX, 0xx Xxxxx
Xxxxxxxxx, XX 00000
Dated this 10th day of November, 1998.
FIRSTAR Mutual Fund Services LLC The ICON Funds
By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxx X. Xxxxxx
----------------------------- --------------------------------
Attest: /s/ Xxxxx X. Xxxxx Attest: /s/ Xxxxxxx Xxxx Xxx
------------------------ --------------------------------
Schedule A
ICON Basic Materials Fund
ICON Consumer Cyclicals Fund
ICON Energy Fund
ICON Financial Services Fund
ICON Healthcare Fund
ICON Leisure Fund
ICON Transportation Fund
ICON Technology Fund
ICON Telecommunications Fund
ICON Asia Region Fund
ICON North Europe Region Fund
ICON South Europe Region Fund
ICON Short Term Fixed Income Fund
