Exhibit 8(a)(4)
AMENDMENT TO THE
CUSTODIAN CONTRACT
AGREEMENT made this 9th day of August 1988 by and between STATE STREET BANK
AND TRUST COMPANY ("Custodian") and XXXXXXX GROWTH AND INCOME FUND (the "Fund").
WITNESSETH THAT:
WHEREAS, the Custodian and the Fund are parties to a Custodian Contract
dated December 31, 1984 (as amended to date, the "Contract") which governs the
terms and conditions under which the Custodian maintained custody of the
securities and other assets of the Fund:
NOW THEREFORE, the Custodian and the Fund hereby amend the terms of the
Custodian Contract and mutually agree to the following:
Replace subsection 7) of Section II.B Delivery of Securities with the
following new subsection 7):
7) Upon the sale of such securities for the account of the
Fund, to the broker or its clearing agent, against a receipt,
for examination in accordance with "street delivery" custom;
provided that in any such case, the Custodian shall have no
responsibility or liability for any loss arising from the
delivery of such securities prior to receiving payment for
such securities except as may arise from the Custodian's own
negligence or willful misconduct;
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be
executed in its name and on its behalf by a duly authorized officer as of the
day and year first above written.
ATTEST XXXXXXX GROWTH AND INCOME FUND
/s/Xxxxxxx X. Xxxxx /s/Xxxxx X. Xxx
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ATTEST STATE STREET BANK AND TRUST COMPANY
/s/Xxxxxxx X'Xxxxx /s/
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Assistant Secretary Vice President
FC0825C/10