SECOND AMENDMENT TO THE AGENCY AGREEMENT
Exhibit (h)(xii)
SECOND AMENDMENT
This Amendment is made as of the 13th day of March, 2006, to each Agency Agreement listed on Schedule A (the “Agreement”) between the Funds listed thereon, on behalf of the Series listed thereon (collectively the “Funds” and each separately a “Fund”), and DWS Xxxxxxx Investments Service Company (“Service Company”).
NOW, THEREFORE, in consideration of the mutual promises set forth and for other good and valuable consideration, the parties hereby agree to amend the Agreement as follows:
1. |
The following is hereby inserted as a new Section 5 C: |
Reference is made herein to the January 15, 2003 agreement, by and between DST SYSTEMS, INC. (“DST”) and DWS XXXXXXX INVESTMENTS SERVICE COMPANY (“DWS-SISC”) and all subsequent amendments to that agreement (“DST Agreement”). The DST Agreement provides for the fulfillment of DWS-SISC’s transfer agency services outlined in this Agreement by DST and delegated pursuant to Section 21 C of this Agreement. Exhibit D of the DST Agreement provides for certain service level bonuses and liquidated damages based on the quality of services provided. The parties agree that all liquidated damage payments made by DST to DWS-SISC or its affiliates in respect of the Fund pursuant to Sections C or D of Exhibit D of the DST Agreement shall be passed through to the Fund, and that all bonus payments payable by DWS-SISC in respect of the Fund pursuant to Section E of Exhibit D of the DST Agreement shall be an obligation of, and borne by, the Fund. The standards for these payments will be negotiated as provided for in Section of Exhibit D of the DST Agreement. All payments made pursuant to this amendment shall be charged or credited to the funds based on the relative number of accounts subject to the Annual Per Account Fee under the Retail and XXX Account Fee Schedule, except omnibus accounts and Matrix Level III accounts. The Retail and XXX Account Fee Schedule does not cover wholesale money funds and is to be distinguished from the Retirement Account Fee Schedule. The number of accounts will be measured on the last day of the period with respect to which the charge or credit is to be assessed. DWS-SISC shall report to the Board of the Fund at least annually regarding any adjustments to anticipated call volumes, and shall report to the Fund as least semi-annually regarding any liquidated damage payments or bonus payments paid to or by the Fund, as the case may be.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officer as of the day and year first set forth above.
|
DWS CHICAGO BOARD FUNDS (Funds listed on Schedule A)
By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Vice President |
ATTEST:
/s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Secretary
|
|
|
DWS XXXXXXX INVESTMENTS SERVICE COMPANY
By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President |
ATTEST:
/s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Vice President
|
|
SCHEDULE A
TO
SECOND AMENDMENT TO
AGENCY AGREEMENT
Fund
|
Series
|
Date of Agency Agreement
|
DWS Blue Chip Fund
|
|
January 1, 1989 |
DWS Target Fund
|
DWS Target 2010 Fund
|
January 11, 1990 |
|
DWS Target 2011 Fund
|
|
|
DWS Target 2012 Fund
|
|
|
DWS Target 2013 Fund
|
|
|
DWS Target 2014 Fund
|
|
|
DWS Target 2008 Fund
|
|
DWS Technology Fund
|
|
January 1, 1989 |
DWS Balanced Fund
|
|
January 1, 1989 |
DWS High Income Series
|
DWS High Income Fund |
January 1, 1989 |
DWS Strategic Income Fund
|
|
April 29, 0000 |
XXX X.X. Government Securities Fund
|
|
January 1, 1989 |
DWS High Income Trust
|
|
May 3, 1991 |
DWS Multi-Market Income Trust
|
|
May 3, 1991 |
DWS Municipal Income Trust
|
|
May 3, 1991 |
DWS Strategic Income Trust
|
|
April 29, 1994 |
DWS Strategic Municipal Income Trust
|
|
May 3, 1991 |
Cash Account Trust
|
Money Market Portfolio
|
September 6, 1990 |
|
Government & Agency Securities Portfolio
|
|
|
Tax-Exempt Portfolio
|
|
Investors Cash Trust
|
Government & Agency Securities Portfolio
|
September 21, 1990 |
|
Treasury Portfolio
|
|
Investors Municipal Cash Fund
|
Investors Florida Municipal Cash Fund
|
October 18, 1990 |
|
Investors Michigan Municipal Cash Fund
|
|
|
Investors New Jersey Municipal Cash Fund
|
|
|
Investors Pennsylvania Municipal Cash Fund
|
|
|
Tax-Exempt New York Money Market Fund
|
|
Tax-Exempt California Money Market Fund
|
|
April 1, 1991 |
DWS Money Funds
|
DWS Money Market Fund |
January 1, 1989 |
|
DWS Government & Agency Money Fund
|
|
|
DWS Tax-Exempt Money Fund
|
|
DWS Equity Trust
|
DWS Core Plus Allocation Fund
|
March 2, 1998 |
|
DWS Dreman Financial Services Fund
|
|
DWS State Tax-Free Income Series
|
DWS California Tax-Free Income Fund
|
January 1, 1989 |
|
DWS New York Tax-Free Income Fund
|
|
DWS Value Series
|
DWS Large Cap Value Fund
|
September 11, 1995 |
|
DWS Dreman Concentrated Value Fund
|
|
|
DWS Dreman High Return Equity Fund
|
|
|
DWS Dreman Mid Cap Value Fund
|
|
|
DWS Small Cap Value Fund
|
|