Common use of Services and Duties Clause in Contracts

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Directors of the Funds, BISYS will hereafter provide facilities, equipment and personnel to carry out the following Sub-Administrative services to assist in the operation of the business and affairs of the Funds: (a) provide individuals reasonably acceptable to the Funds for nomination, appointment or election as officers of the Funds and who will be responsible for the management of certain of each Fund's affairs as determined from time to time by the Trustees or Directors of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds and their affairs. BISYS may, in addition, agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds by their distributor, custodian or transfer agent pursuant to their agreements with the Funds.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Directors of the Funds, BISYS will hereafter provide facilities, equipment and personnel to carry out the following Sub-Administrative services to assist in the operation of the business and affairs of the Funds: (a) provide individuals reasonably acceptable to the Funds for nomination, appointment or election as officers of the Funds and who will be responsible for the management of certain of each Fund's affairs as determined from time to time by the Trustees or Directors of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\D:\JPW\LIEBER\AGREMENT\SUBADMIN\SUB▇▇▇▇.▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY EY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds and their affairs. BISYS may, in addition, agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds by their distributor, custodian or transfer agent pursuant to their agreements with the Funds.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Directors of the Funds, BISYS ▇▇▇▇▇▇ ▇▇▇▇ will hereafter provide facilities, equipment and personnel to carry out the following Sub-Administrative services to assist in the operation of the business and affairs of the Funds: (a) provide individuals reasonably acceptable to the Funds for nomination, appointment or election as officers of the Funds and who will be responsible for the management of certain of each Fund's affairs as determined from time to time by the Trustees or Directors of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds and their affairs. BISYS ▇▇▇▇▇▇ ▇▇▇▇ may, in addition, agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds by their distributor, custodian or transfer agent pursuant to their agreements with the Funds.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Directors of the Funds, BISYS will hereafter provide facilities, equipment and personnel to carry out the following Sub-Administrative services to assist in the operation of the business and affairs of the Funds: (a) provide individuals reasonably acceptable to the Funds for nomination, appointment or election as officers of the Funds and who will be responsible for the management of certain of each Fund's affairs as determined from time to time by the Trustees or Directors of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds and their affairs. BISYS may, in addition, agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds by their distributor, custodian or transfer agent pursuant to their agreements with the Funds.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Directors Trust's Board of Trustees, the Funds, BISYS Administrator will hereafter provide facilities, equipment equipment, and personnel to carry out the following Sub-Administrative administrative and fund accounting services to assist in the for operation of the business and affairs of the FundsTrust and each of the Funds covered by this Agreement: (a) a. prepare, file, and maintain the Trust's governing documents, including the Declaration of Trust, the Bylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders; b. prepare and file on a timely basis with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Trust, relating to the Funds and the Funds' shares, and all amendments thereto, the Trust's reports pursuant to Investment Company Act Rule 24f-2, reports to shareholders and regulatory authorities, including form N-SAR, and prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make continuous offering of the Fund's shares and to conduct its affairs; c. prepare, negotiate, and administer contracts on behalf of the Funds with, among others, the Trust's custodian and transfer agent; d. supervise the Trust's custodian; e. calculate performance data of the Funds; f. prepare and file on a timely basis the Federal and State income and other tax returns for the Funds; g. examine and review the operations of the Trust's custodian, transfer agent and investment adviser and the Funds' subadvisers, if any, to promote compliance with applicable state and federal law; h. coordinate the layout and printing of publicly disseminated prospectuses and reports; i. perform internal audit examinations in accordance with procedures to be adopted by the Administrator and the Trust; j. assist with the design, development, and operation of the Funds; k. provide individuals reasonably acceptable to the Funds Trust's Board of Trustees for nomination, appointment appointment, or election as officers of the Funds and Trust, who will be responsible for the management of certain of each Fundthe Trust's affairs as determined from time to time by the Trustees or Directors Trust's Board of Trustees; l. monitor the Trust's compliance with Section 817 and Sections 851 through 855 of the Funds; (b) review filings Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, so as to enable the Trust and each Fund to comply with the Securities diversification requirements applicable to investments of variable contracts and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions for each to maintain its status as may be reasonably requested by the administrator to effect such filingsa "regulated investment company;" (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) m. advise the Trust and its Board of Trustees or Directors of the Funds on matters concerning the Funds and their affairs; n. provide the Trust with office space and personnel; and o. provide the Trust and each Fund with fund accounting services, including but not limited to the following services: 1) keeping and maintaining the following books and records of the Trust and each of the Funds pursuant to Rule 31a-1 under the Investment Company Act, including: a) journals containing an itemized daily record of all purchase and sales of securities, all receipts and disbursements of cash and all other debit and credits, as required by Rule 31a-1(b)(1); b) general and auxiliary ledgers reflecting all asset, liability, reserve, capital, income and expense accounts, including interest accrued and interest received, as required by Rule 31a-1(b)(2)(i); c) separate ledger accounts required by Rule 31a-1(b)(2)(ii) and (iii); and d) a monthly trial balance of all ledger accounts (except shareholder accounts) as required by Rule 31a-1(b)(8). 2) performing the following accounting services on a regular basis for each Fund, as may be reasonably requested by the Trust: a) calculate the net asset value per share; b) calculate the dividend and capital gain distribution, if any; c) calculate a Fund's yield; d) reconcile cash movements with the Trust's custodian; e) affirm to the Trust's custodian all portfolio trades and cash movements; f) verify and reconcile with the Trust's custodian all daily trade activity; g) provide such reports as may be required by the Trust; h) preparation of the Trust's financial statements, including oversight of expense accruals and payments; i) calculating the deviation between marked-to-market and amortized cost valuations for any money market funds; and j) such other similar services with respect to a Fund as may be reasonably requested by the Trust; and p. assist in all aspects of the Funds' operations other than those provided under other specific contracts. BISYS mayThe foregoing, in addition, along with any additional services that the Administrator shall agree in writing to perform additional Sub-Administrative Services for the FundsTrust hereunder, shall hereafter be referred to as "Administrative Services." In compliance with the requirements of Rule 31a-3 under the Investment Company Act, the Administrator hereby agrees that all records that it maintains for the Trust are the property of the Trust and further agrees to surrender promptly to the Trust any of such records upon the Trust's request. Sub-The Administrator further agrees to preserve for the periods prescribed by Investment Company Act Rule 31a-2 the records required to be maintained by Investment Company Act Rule 31a-1. Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds Trust by their distributorthe Trust's investment adviser, custodian custodian, or transfer agent pursuant to their agreements with the Trust. The Administrator acknowledges the importance of efficient and prompt transmission of information to the life insurance companies affiliated with the Administrator ("Nationwide"), the purchaser of Trust shares to fund the obligations of certain variable annuity contracts. The Administrator agrees to use its best efforts to meet the deadline for transmission of pricing information presently set by Nationwide and such other time deadlines as may be established from time to time in the future. When performing Administrative Services to the Trust and for the Funds, the Administrator will comply with the provisions of the Declaration of Trust and Bylaws of the Trust, will safeguard and promote the welfare of the Trust and the Funds, and will comply with the policies that the Trustees may from time to time reasonably determine, provided that such policies are not in conflict with this Agreement, the Trust's governing documents, or any applicable statutes or regulations.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO EKIS and the Trustees or Directors ▇▇▇▇ctors of the Funds, BISYS will hereafter provide facilities, equipment and personnel to carry out the following Sub-Administrative services to assist in the operation of the business and affairs of the Funds: (a) provide individuals reasonably acceptable to the Funds for nomination, appointment or election as officers of the Funds and who will be responsible for the management of certain of each Fund's affairs as determined from time to time by the Trustees or Directors of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; ; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds and their affairs. BISYS may, in addition, agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds by their distributor, custodian or transfer agent pursuant to their agreements with the Funds.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Directors Fund's Board of the FundsTrustees, BISYS FAS will hereafter provide facilities, equipment equipment, and personnel to carry out the following Sub-Administrative administrative services to assist in the for operation of the business and affairs of the FundsFund and each of its portfolios: (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees and shareholders; (b) prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; (d) supervise the Fund's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FAS and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Funds Fund's Board of Trustees for nomination, appointment appointment, or election as officers of the Funds and Fund, who will be responsible for the management of certain of each the Fund's affairs as determined from time to time by the Trustees or Directors Fund's Board of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividendsTrustees; and (dl) advise consult with the Fund and its Board of Trustees or Directors of the Funds on matters concerning the Funds Fund and their its affairs. BISYS mayThe foregoing, in addition, along with any additional services that FAS shall agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds Fund by their the Fund's investment adviser, distributor, custodian custodian, or transfer agent pursuant to their respective agreements with the FundsFund.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO ▇▇▇▇ and the Trustees or Directors of the Funds, BISYS will hereafter provide facilities, equipment and personnel to carry out the following Sub-Administrative services to assist in the operation of the business and affairs of the Funds: (a) provide individuals reasonably acceptable to the Funds for nomination, appointment or election as officers of the Funds and who will be responsible for the management of certain of each Fund's affairs as determined from time to time by the Trustees or Directors of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; ; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds and their affairs. BISYS may, in addition, agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds by their distributor, custodian or transfer agent pursuant to their agreements with the Funds.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Directors Fund's Board of the FundsTrustees, BISYS FSCo will hereafter provide facilities, equipment equipment, and personnel to carry out the following Sub-Administrative administrative services to assist in the for operation of the business and affairs of the FundsFund and each of its portfolios: (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees and shareholders; (b) prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; (d) supervise the Fund's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Funds Fund's Board of Trustees for nomination, appointment appointment, or election as officers of the Funds and Fund, who will be responsible for the management of certain of each the Fund's affairs as determined from time to time by the Trustees or Directors Fund's Board of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividendsTrustees; and (dl) advise consult with the Fund and its Board of Trustees or Directors of the Funds on matters concerning the Funds Fund and their its affairs. BISYS mayThe foregoing, in addition, along with any additional services that FSCo shall agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds Fund by their the Fund's investment adviser, distributor, custodian custodian, or transfer agent pursuant to their respective agreements with the FundsFund.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Directors of the Funds, BISYS Furman Selz will hereafter provide facilities▇▇▇▇▇▇▇ ▇▇▇ilities, equipment and personnel to carry out the following Sub-Administrative services to assist in the operation of the business and affairs of the Funds: (a) provide individuals reasonably acceptable to the Funds for nomination, appointment or election as officers of the Funds and who will be responsible for the management of certain of each Fund's affairs as determined from time to time by the Trustees or Directors of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\D:\JPW\LIEBER\AGREMENT\SUBADMIN\SU▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY .KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds and their affairs. BISYS Furman Selz may, in additionadditi▇▇, agree ▇▇▇▇▇ in writing to perform additional Sub-Administrative Services for the Funds. Sub-Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds by their distributor, custodian or transfer agent pursuant to their agreements with the Funds.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Fund's Board of Trustees or Directors of the Funds, BISYS FAS will hereafter provide facilities, equipment equipment, and personnel to carry out the following Sub-Administrative administrative services to assist in the for operation of the business and affairs of the Funds: Fund and each of its portfolios: (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees and shareholders; (b) prepare and file with the Securities and Exchange Commission (`SEC'') and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; (d) supervise the Fund's Fund Accountant in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FAS and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Funds Fund's Board of Trustees for nomination, appointment appointment, or election as officers of the Funds and Fund, who will be responsible for the management of certain of each the Fund's affairs as determined from time to time by the Trustees or Directors Fund's Board of the Funds; Trustees; and (bl) review filings consult with the Securities Fund and Exchange Commission and state securities authorities that have been prepared on behalf its Board of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds Fund and their its affairs. BISYS mayThe foregoing, in addition, along with any additional services that FAS shall agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds Fund by their the Fund's investment adviser, distributor, custodian custodian, or transfer agent pursuant to their respective agreements with the FundsFund.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Directors of the Funds, BISYS Furman Selz will hereafter provide facilitiesfa▇▇▇▇▇▇▇▇, equipment ▇quipment and personnel to carry out the following Sub-Administrative services to assist in the operation of the business and affairs of the Funds: (a) provide individuals reasonably acceptable to the Funds for nomination, appointment or election as officers of the Funds and who will be responsible for the management of certain of each Fund's affairs as determined from time to time by the Trustees or Directors of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds and their affairs. BISYS Furman Selz may, in addition, agree in writing ▇▇ ▇▇▇▇▇▇▇ to perform additional Sub-Administrative Services for the Funds. Sub-Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds by their distributor, custodian or transfer agent pursuant to their agreements with the Funds.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO EAMC and the Trustees or Directors of the Funds, BISYS will hereafter provide facilities, equipment and personnel to carry out the following Sub-Administrative services to assist in the operation of the business and affairs of the Funds: (a) provide individuals reasonably acceptable to the Funds for nomination, appointment or election as officers of the Funds and who will be responsible for the management of certain of each Fund's affairs as determined from time to time by the Trustees or Directors of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds and their affairs. BISYS may, in addition, agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds by their distributor, custodian or transfer agent pursuant to their agreements with the Funds.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Directors Fund's Board of the FundsTrustees, BISYS FSC will hereafter provide facilities, equipment equipment, and personnel to carry out the following Sub-Administrative administrative services to assist in the for operation of the business and affairs of the FundsFund and each of its portfolios: (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees and shareholders; (b) prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; (d) supervise the Fund's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FSC and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Funds Fund's Board of Trustees for nomination, appointment appointment, or election as officers of the Funds and Fund, who will be responsible for the management of certain of each the Fund's affairs as determined from time to time by the Trustees or Directors Fund's Board of the Funds; (b) review filings with the Securities and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividendsTrustees; and (dl) advise consult with the Fund and its Board of Trustees or Directors of the Funds on matters concerning the Funds Fund and their its affairs. BISYS mayThe foregoing, in addition, along with any additional services that FSC shall agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds Fund by their the Fund's investment adviser, distributor, custodian custodian, or transfer agent pursuant to their respective agreements with the FundsFund.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Fund's Board of Trustees or Directors of the Funds, BISYS FAS will hereafter provide facilities, equipment equipment, and personnel to carry out the following Sub-Administrative administrative services to assist in the for operation of the business and affairs of the Funds: Fund and each of its portfolios: (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust (which has already been prepared and filed), the By- laws and minutes of meetings of Trustees and shareholders; (b) prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; (d) supervise the Fund's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FAS and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Funds Fund's Board of Trustees for nomination, appointment appointment, or election as officers of the Funds and Fund, who will be responsible for the management of certain of each the Fund's affairs as determined from time to time by the Trustees or Directors Fund's Board of the Funds; Trustees; and (bl) review filings consult with the Securities Fund and Exchange Commission and state securities authorities that have been prepared on behalf its Board of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds Fund and their its affairs. BISYS mayThe foregoing, in addition, along with any additional services that FAS shall agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds Fund by their the Fund's investment adviser, distributor, custodian custodian, or transfer agent pursuant to their respective agreements with the FundsFund.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Fund's Board of Directors of the Funds, BISYS FAS will hereafter provide facilities, equipment equipment, and personnel to carry out the following Sub-Administrative administrative services to assist in the for operation of the business and affairs of the Funds: Fund and each of its portfolios: (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Articles of Incorporation (which has already been prepared and filed), the By-laws and minutes of meetings of Directors and shareholders; (b) prepare and file with the Securities and Exchange Commission (`SEC'') and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; (d) supervise the Fund's Fund Accountant in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FAS and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Funds Fund's Board of Directors for nomination, appointment appointment, or election as officers of the Funds and Fund, who will be responsible for the management of certain of each the Fund's affairs as determined from time to time by the Trustees or Directors Fund's Board of the Funds; Directors; and (bl) review filings consult with the Securities Fund and Exchange Commission and state securities authorities that have been prepared on behalf its Board of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) advise the Trustees or Directors of the Funds on matters concerning the Funds Fund and their its affairs. BISYS mayThe foregoing, in addition, along with any additional services that FAS shall agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds Fund by their the Fund's investment adviser, distributor, custodian custodian, or transfer agent pursuant to their respective agreements with the FundsFund.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees or Directors Trust's Board of Trustees, the Funds, BISYS Administrator will hereafter provide facilities, equipment equipment, and personnel to carry out the following Sub-Administrative administrative and fund accounting services to assist in the for operation of the business and affairs of the FundsTrust and each of the Funds covered by this Agreement: (a) a. prepare, file, and maintain the Trust's governing documents, including the Declaration of Trust, the Bylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders; b. prepare and file on a timely basis with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Trust, relating to the Funds and the Funds' shares, and all amendments thereto, the Trust's reports pursuant to Investment Company Act Rule 24f-2, reports to shareholders and regulatory authorities, including form N-SAR, and prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make continuous offering of the Fund's shares and to conduct its affairs; c. prepare, negotiate, and administer contracts on behalf of the Funds with, among others, the Trust's custodian and transfer agent; d. supervise the Trust's custodian; e. calculate performance data of the Funds; f. prepare and file on a timely basis the Federal and State income and other tax returns for the Funds; g. examine and review the operations of the Trust's custodian, transfer agent and investment adviser and the Funds' subadvisers, if any, to promote compliance with applicable state and federal law; h. coordinate the layout and printing of publicly disseminated prospectuses and reports; i. perform internal audit examinations in accordance with procedures to be adopted by the Administrator and the Trust; j. assist with the design, development, and operation of the Funds; k. provide individuals reasonably acceptable to the Funds Trust's Board of Trustees for nomination, appointment appointment, or election as officers of the Funds and Trust, who will be responsible for the management of certain of each Fundthe Trust's affairs as determined from time to time by the Trustees or Directors Trust's Board of Trustees; l. monitor the Trust's compliance with Section 817 and Sections 851 through 855 of the Funds; (b) review filings Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, so as to enable the Trust and each Fund to comply with the Securities diversification requirements applicable to investments of variable contracts and Exchange Commission and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions for each to maintain its status as may be reasonably requested by the administrator to effect such filingsa "regulated investment company;" (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividends; and (d) m. advise the Trust and its Board of Trustees or Directors of the Funds on matters concerning the Funds and their affairs; n. provide the Trust with office space and personnel; and o. provide the Trust and each Fund with fund accounting services, including but not limited to the following services: 1) keeping and maintaining the following books and records of the Trust and each of the Funds pursuant to Rule 31a-1 under the Investment Company Act, including: a) journals containing an itemized daily record of all purchase and sales of securities, all receipts and disbursements of cash and all other debit and credits, as required by Rule 31a-1(b)(1); b) general and auxiliary ledgers reflecting all asset, liability, reserve, capital, income and expense accounts, including interest accrued and interest received, as required by Rule 31a-1(b)(2)(i); c) separate ledger accounts required by Rule 31a-1(b)(2)(ii) and (iii); and d) a monthly trial balance of all ledger accounts (except shareholder accounts) as required by Rule 31a-1(b)(8). 2) performing the following accounting services on a regular basis for each Fund, as may be reasonably requested by the Trust: a) calculate the net asset value per share; b) calculate the dividend and capital gain distribution, if any; c) calculate a Fund's yield; d) reconcile cash movements with the Trust's custodian; e) affirm to the Trust's custodian all portfolio trades and cash movements; f) verify and reconcile with the Trust's custodian all daily trade activity; g) provide such reports as may be required by the Trust; h) preparation of the Trust's financial statements, including oversight of expense accruals and payments; i) calculating the deviation between marked-to-market and amortized cost valuations for any money market fund; and j) such other similar services with respect to a Fund as may be reasonably requested by the Trust; and p. assist in all aspects of the Funds' operations other than those provided under other specific contracts. BISYS may4 The foregoing, in addition, along with any additional services that the Administrator shall agree in writing to perform additional Sub-Administrative Services for the FundsTrust hereunder, shall hereafter be referred to as "Administrative Services." In compliance with the requirements of Rule 31a-3 under the Investment Company Act, the Administrator hereby agrees that all records that it maintains for the Trust are the property of the Trust and further agrees to surrender promptly to the Trust any of such records upon the Trust's request. Sub-The Administrator further agrees to preserve for the periods prescribed by Investment Company Act Rule 31a-2 the records required to be maintained by Investment Company Act Rule 31a-1. Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds Trust by their distributorthe Trust's investment adviser, custodian custodian, or transfer agent pursuant to their agreements with the Trust. The Administrator acknowledges the importance of efficient and prompt transmission of information to the life insurance companies affiliated with the Administrator ("Nationwide"), the purchaser of Trust shares to fund the obligations of certain variable annuity contracts. The Administrator agrees to use its best efforts to meet the deadline for transmission of pricing information presently set by Nationwide and such other time deadlines as may be established from time to time in the future. When performing Administrative Services to the Trust and for the Funds, the Administrator will comply with the provisions of the Declaration of Trust and Bylaws of the Trust, will safeguard and promote the welfare of the Trust and the Funds, and will comply with the policies that the Trustees may from time to time reasonably determine, provided that such policies are not in conflict with this Agreement, the Trust's governing documents, or any applicable statutes or regulations.

Services and Duties. As Sub-Administrator, and subject to the supervision and control of KIMCO and the Trustees Fund's Board of Directors FAS, or Directors of the Fundsits delegatee, BISYS will hereafter provide facilities, equipment and personnel to carry out the following Sub-Administrative administrative services to assist in the for operation of the business and affairs of the FundsFund and each of its portfolios: (a) in conjunction with counsel for the Fund, prepare, file and maintain the Fund's governing documents and any amendments thereto, including the Articles of Incorporation (which has already been prepared and filed), the By-laws and minutes of meetings of Directors and shareholders; (b) in conjunction with counsel for the Fund, prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) in conjunction with counsel for the Fund, prepare, negotiate, and administer contracts on behalf of the Fund with, and coordinate the activities of, among others, the Fund's investment adviser, distributor, custodian, portfolio accountant, transfer agent and independent accountants; (d) supervise the Fund's portfolio accountant in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including periodic (i) review and evaluation of expense accruals; (ii) review, evaluation and authorization of expenses payments; (iii) projection of future expenses; and (iv) periodic review of the determination of the net asset value of the Fund and of the declaration and payments of dividends and other distributions to shareholders; C/M 11316.0001 427735.1 (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FAS and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Funds Fund's Board of Directors for nomination, appointment appointment, or election as officers of the Funds and Fund, who will be responsible for the management of certain of each the Fund's affairs as determined from time to time by the Trustees or Directors Fund's Board of the FundsDirectors; (bl) review filings consult with the Securities Fund and Exchange Commission its Board of Directors on matters concerning the Fund and state securities authorities that have been prepared on behalf of the Funds by the administrator and take such actions as may be reasonably requested by the administrator to effect such filings; (c) verify, authorize and transmit to the custodian, transfer agent and dividend disbursing agent of each Fund all necessary instructions for the disbursement of cash, issuance of D:\JPW\▇▇▇▇▇▇\AGREMENT\SUBADMIN\SUBADM1.KEY 1 shares, tender and receipt of portfolio securities, payment of expenses and payment of dividendsits affairs; and (dm) advise make periodic reports to the Trustees or Fund's Board of Directors in the performance of the Funds on matters concerning the Funds and their affairsits obligations under this Agreement. BISYS mayThe foregoing, in addition, along with any additional services that FAS shall agree in writing to perform additional Sub-Administrative Services for the Funds. Sub-Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include investment advisory services or any duties, functions, or services to be performed for the Funds Fund by their the Fund's investment adviser, distributor, custodian or custodian, portfolio accountant, transfer agent or independent accountants pursuant to their respective agreements with the FundsFund.