0001162044-10-000095 Sample Contracts

FORM OF INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • February 26th, 2010 • Embarcadero Funds Inc

AGREEMENT (“Agreement”), made this ____ day of ______, 2009, between Embarcadero Funds, Inc., a Maryland corporation (the “Company”), and Van Wagoner Capital Management, Inc., a Delaware corporation (the “Adviser”).

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CUSTODY AGREEMENT Dated October 2, 2009 Between UMB BANK, N.A. and EMBARCADERO FUNDS
Custody Agreement • February 26th, 2010 • Embarcadero Funds Inc
SUBADVISORY AGREEMENT BETWEEN VAN WAGONER CAPITAL MANAGEMENT, INC. AND
Subadvisory Agreement • February 26th, 2010 • Embarcadero Funds Inc • Delaware

AGREEMENT made as of the [ ] day of [ ], 2009, by and between Van Wagoner Capital Management, Inc., a Delaware corporation with its principal office and place of business at 3 Embarcadero Center, Suite 1120, San Francisco, CA, 94111 (the “Adviser”) and [ ], a [ ] with its principal office and place of business at [ ] (the “Subadviser”).

OPERATING EXPENSES LIMITATION AGREEMENT
Operating Expenses Limitation Agreement • February 26th, 2010 • Embarcadero Funds Inc • California

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is made as of October 23, 2009, by and between Embarcadero Funds, Inc., a Maryland corporation (the “Company”) on behalf of the Funds listed on Schedule A of this Agreement, each Fund a series of the Company, and the investment adviser of the Funds, Van Wagoner Capital Management, Inc. (the “Adviser”).

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