Exhibit (d)(8)
AMENDMENT TO SUB-ADVISORY AGREEMENT
THIS AMENDMENT, reflecting the amendments that have been effective on and from
21st day of August, 2003 is made as of the 20th day of June, 2005, by and
between XXXXXXX MUTUAL FUNDS, INC. (the `Trust'), DEUTSCHE INVESTMENT AUSTRALIA
LIMITED, a company organized under the laws of Australia (hereinafter called the
`Sub-Advisor'), to the Sub-Advisory Agreement dated April 5, 2002 by and between
the Investment Advisor and the Sub-Advisor (the `Sub-Advisory Agreement').
WHEREAS, the parties hereto desire to confirm the agreed amendments to the
compensation under the Sub-Advisory Agreement as set forth herein.
NOW, THEREFORE, it is confirmed that:
1. Paragraph 2 of the Sub-Advisory Agreement was amended by
deleting it in its entirety and replacing it with the
following paragraph:
2. We agree to pay in United States dollars to you, as
compensation for the services provided and the expenses borne
pursuant to this Agreement, a fee, calculated daily and
payable monthly in arrears, at an annual rate equal to the
percentage of the Advisory Fee specified in Schedule A hereto,
as amended. In addition, we agree to pay you an amount equal
to any Australian GST payable on any taxable supply you make
to us in connection with this Agreement. For purposes of
computing the monthly fee, the value of the net assets of the
Fund shall be determined as of the close of business on the
last business day of each month; provided, however, that the
fee for the period from the end of the last month ending prior
to termination of this Agreement, for whatever reason, to the
date of termination shall be based on the value of the net
assets of the Fund determined as of the close of business on
the date of termination and the fee for such period through
the end of the month in which such proceeds are received shall
be prorated according to the proportion which such period
bears to a full monthly period. Each payment of a monthly fee
shall be made by us to you within fifteen days next following
the day as if which such payment is so computed.
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The value of the net assets of the Fund shall be determined pursuant to
applicable provisions of the Articles of Incorporation and By-laws of
the Company.
We agree to work with you, in order to make our relationship as
productive as possible for the benefit of the Fund, to further the
development of your ability to provide the services contemplated by
Section 1. To this end we agree to work with you to assist you in
developing your research techniques, procedures and analysis. We may
from time to time furnish you with informal memoranda, reflecting our
understanding of our working procedures with you, which will be agreed
to by each of us and may be revised as you work with us pursuant to
this Agreement. We also agree to furnish you with current copies the
Fund's Prospectus and Statement of Additional Information, and all
amendments and supplements thereto. We agree not to furnish, without
your consent, to any person other than our personnel and directors and
representatives of the Company or the Fund any tangible research
material that is prepared by you, that is not publicly available, and
that has been stamped or otherwise clearly indicated by you as being
confidential.
We agree that your prior approval will be required with respect to of
any references to you in any reports.
3. The Schedule A of the Sub-Advisory Agreement that is attached
to this amendment will be added to the Agreement.
4. Save as amended above, the Sub-Advisory Agreement shall remain
in full force and effect.
This Amendment may be executed simultaneously in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed in duplicate by their respective officers on the day first above
written.
Xxxxxxx Mutual Funds, Inc. ("Trust") Deutsche Asset Management, Inc.
("Investment Advisor")
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By: /s/Julian Sluyters By: /s/A. Xxxxxx Xxxxx
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Title: MANAGING DIRETOR Title: MANAGING DIRECTOR
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Deutsche Investment Australia Limited ("Sub-Advisor")
By: /s/Illegible
Title: DIRECTOR
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Schedule A
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Fund Net Assets Sub-Advisory Fee
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Gold and Precious Metal Net Assets of the Fund 0.50 of the Advisory Fee
Fund advised by the Sub-Advisor
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