THIRD AMENDMENT TO AMENDED AND RESTATED AGENCY SERVICES AGREEMENT
Exhibit (h)(3)(c)
THIRD AMENDMENT TO AMENDED AND RESTATED
This THIRD AMENDMENT, dated as of October 19, 2023 (the “Amendment”) to the AMENDED AND RESTATED AGENCY SERVICES AGREEMENT (the “Agreement”) dated June 8, 2021, as amended on August 9, 2021 and November 18, 2021, between JANUS DETROIT STREET TRUST, a Delaware business trust and registered investment company under the Investment Company Act of 1940 as amended (the “1940 Act”), with offices at 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxx 00000 (the “Trust” or “Customer”), Xxxxx Xxxxxxxxx Investors US LLC, as investment manager of Customer to the extent specified in the Agreement (“Manager”), and JPMORGAN CHASE BANK, N.A. a national banking association with a place of business at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (“X.X. Xxxxxx”).
WHEREAS, Customer and X.X. Xxxxxx entered into the Agreement pursuant to which X.X. Xxxxxx was appointed to provide certain services, and the parties to the Agreement now wish to amend Exhibit A List of ETF Series of the Agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth hereafter, the parties hereto agree as follows:
| 1. | Amendments. Customer , Manager, and X.X. Xxxxxx hereby agree to amend the Agreement as follows: |
| a. | Exhibit A to the Agreement is hereby deleted in its entirety and replaced with Exhibit A attached hereto. |
| 2. | Miscellaneous. |
| a. | As modified and amended hereby, the parties hereto hereby ratify, approve and confirm the Agreement in all respects, and save as varied by this Amendment, the Agreement shall remain in full force and effect. |
| b. | This Amendment may be executed in counterparts each of which will be deemed an original. |
| c. | All references to the “Agreement” shall refer to the Agreement, as amended by this Amendment. |
| d. | This Amendment shall be effective as of the date first written above. |
| e. | Except as specifically amended hereby, all other terms and conditions of the Agreement shall remain unchanged and the Agreement shall continue in full force and effect. |
| f. | This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. |
| g. | This Amendment shall be governed by, and construed in accordance with, the law of the State of New York, without regard to laws as to conflicts of laws. |
[Signature Page Follows]
Execution Copy
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.
| By: |
/s/Xxxx Xxxxxxx | |
| Name: Xxxx Xxxxxxx | ||
| Title: President and Chief Executive Officer | ||
| XXXXX XXXXXXXXX INVESTORS US LLC | ||
| By: |
/s/Xxxx Xxxxxxx | |
| Name: Xxxx Xxxxxxx | ||
| Title: Head of Exchange Traded Products | ||
| JPMORGAN CHASE BANK, N.A. | ||
| By: |
/s/Xxxxxx Xxxxx | |
| Name: Xxxxxx Xxxxx | ||
| Title: Executive Director | ||
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Execution Copy
EXHIBIT A
| ● | Xxxxx Xxxxxxxxx AAA CLO ETF |
| ● | Xxxxx Xxxxxxxxx B-BBB CLO ETF |
| ● | Xxxxx Xxxxxxxxx International Sustainable Equity ETF |
| ● | Xxxxx Xxxxxxxxx Mortgage-Backed Securities ETF |
| ● | Xxxxx Xxxxxxxxx Net Zero Transition Resources ETF** |
| ● | Xxxxx Xxxxxxxxx Securitized Income ETF |
| ● | Xxxxx Xxxxxxxxx Short Duration Income ETF |
| ● | Xxxxx Xxxxxxxxx Small Cap Growth Alpha ETF |
| ● | Xxxxx Xxxxxxxxx Small/Mid Cap Growth Alpha ETF |
| ● | Xxxxx Xxxxxxxxx Sustainable & Impact Core Bond ETF |
| ● | Xxxxx Xxxxxxxxx Sustainable Corporate Bond ETF |
| ● | Xxxxx Xxxxxxxxx U.S. Real Estate ETF |
| ● | Xxxxx Xxxxxxxxx U.S. Sustainable Equity ETF |
** Xxxxx Xxxxxxxxx Net Zero Transition Resources ETF will be liquidated on or about October 24, 2023.
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