0001169232-05-001769 Sample Contracts

FORM OF DEPOSITARY AGREEMENT
Depositary Agreement • March 22nd, 2005 • Evergreen Utilities & High Income Fund • Massachusetts

This Depositary Agreement is entered into as of this ___ day of ____ by and between Evergreen Utilities and High Income Fund, a company organized and existing under the laws of the State of Delaware (the “Company”), EquiServe, Inc., a Delaware corporation and its fully owned subsidiary EquiServe Trust Company, N.A., national banking association (collectively, the “Depositary” or individually “EQI” and the “Trust Company”, respectively).

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