0001144204-07-012449 Sample Contracts

AGENCY SERVICES AGREEMENT
Agency Services Agreement • March 13th, 2007 • Ziegler Exchange Traded Trust • New York

THIS AGENCY SERVICES AGREEMENT made as of the ___ day of February 2007 by and between ZIEGLER EXCHANGE TRADED TRUST, a Delaware statutory trust, as amended, with offices at 250 East Wisconsin Avenue, Suite 2000, Milwaukee, Wisconsin 53202 (the “Trust”) and JPMORGAN CHASE BANK, N.A., a national banking association with its headquarters office at 270 Park Avenue, New York, New York 10017 (“Bank”).

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ZIEGLER EXCHANGE TRADED TRUST AMENDED AGREEMENT AND DECLARATION OF TRUST DATED DECEMBER 15, 2006
Agreement and Declaration of Trust • March 13th, 2007 • Ziegler Exchange Traded Trust

This AMENDED AGREEMENT AND DECLARATION OF TRUST (hereinafter “Trust Instrument”) is made December 15, 2006 (together with all other persons from time to time duly elected, qualified and serving as Trustees in accordance with Article III hereof, the “Trustees”).

LICENSE AGREEMENT
License Agreement • March 13th, 2007 • Ziegler Exchange Traded Trust • New York

This License Agreement (the "Agreement") is made and entered into as of December 8, 2006 (the "Commencement Date"), by and between Archipelago Holdings, Inc. ("ARCA"), a Delaware corporation, having an office at 100 S. Wacker Dr., Chicago, Illinois 60606 and The Exchange Traded Trust (the "LICENSEE" or the "Trust"), a Delaware statutory trust registered with the Securities and Exchange Commission as an open-end investment company having an office at 250 East Wisconsin Avenue, Milwaukee, Wisconsin 53202.

MUTUAL FUNDS SERVICE AGREEMENT
Mutual Funds Service Agreement • March 13th, 2007 • Ziegler Exchange Traded Trust • New York

AGREEMENT made as of February 5, 2007 between Ziegler Exchange Traded Trust (the “Trust"), a Delaware statutory trust, and J.P. Morgan Investor Services Co. (“J.P. Morgan”), a Delaware corporation.

DOMESTIC CUSTODY AGREEMENT BETWEEN ZIEGLER EXCHANGE TRADED TRUST AND JPMORGAN CHASE BANK, N.A.
Domestic Custody Agreement • March 13th, 2007 • Ziegler Exchange Traded Trust • New York

This Agreement, dated as of February ___, 2007, is between JPMORGAN CHASE BANK, N.A. ("Bank"), a national banking association organized and existing under the laws of the United States of America, with a place of business at 3 ChaseMetroTech Center, Brooklyn, New York 11245; and ZIEGLER EXCHANGE TRADED TRUST ("Customer") with a place of business at 250 East Wisconsin Avenue, Suite 2000, Milwaukee, Wisconsin, 53202.

SERVICES AGREEMENT
Services Agreement • March 13th, 2007 • Ziegler Exchange Traded Trust • Pennsylvania

This SERVICES AGREEMENT (this "Agreement") is made as of this ____ day of ________, 2007 ("Effective Date") by and between B.C. Ziegler and Company ("BCZ" or "Distributor"), a Wisconsin Corporation, and SEI Investments Distribution Co., a Pennsylvania corporation ("SIDCO").

ZIEGLER EXCHANGE TRADED TRUST Suite 2000 Milwaukee, Wisconsin 53202 AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • March 13th, 2007 • Ziegler Exchange Traded Trust • Wisconsin

This Authorized Participant Agreement (the “Agreement”) is entered into by and between B.C. Ziegler and Company (the “Distributor”) and __________________ (the “Participant”) and is subject to acceptance by JPMorgan Chase Bank, N.A. as index receipt agent for Ziegler Exchange Traded Trust (the “Index Receipt Agent”).

MARKETING AGREEMENT
Marketing Agreement • March 13th, 2007 • Ziegler Exchange Traded Trust • New York

This Marketing Agreement (the “Agreement”) is made and entered into as of this 5th day of March, 2007, by and between Archipelago Holdings, Inc., a Delaware corporation (“Archipelago Holdings” and together with Archipelago Securities, L.L.C., a Delaware limited liability company and wholly-owned subsidiary of Archipelago Holdings, “Archipelago”), and B.C. Ziegler and Company (“B.C. Ziegler”), a Wisconsin Corporation. Ziegler Exchange Traded Trust (“Trust”), a Delaware statutory trust, is a party hereto with respect to Sections 1, 4, 7(d), 12, 16 and 19 only.

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