Common use of Termination or Assignment Clause in Contracts

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island, Third Floor, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx 00000Wisconsin 53201, or to the Fund at Wood Island900 Xxxxxx Xxxxxx Xxxxx, Third Floor000 Xxxxxxxxxxxxx Xentre, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Minneapolis, LarkspurXxxxxxxxx 00000, CA 94939xx xxe xxxx xxx xx. Xxxx xxx xxxxxxxxxxx xx xxxx Xxxxxxxxx, as the case may be. Upon any termination of this Agreement, pending xending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, ; provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety sixty (9060) days notice, given in writing and sent by registered mail to Custodian at X.X. P.O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or xx to the Fund at Wood IslandGranxx Xxxies Trust located at 126 Xxxx 00xx Xxxxxx, Third FloorXxx Xxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, as X.X. 00000 xx the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000to: Firstar Mutual Fund Services, LLC 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx 00000, XX 00000 or to the Fund at Wood Island, Third Floor, 00 X. Xxx Trust at: Ingenuity Capital Management LLC 00000 Xxxxxxx Xxxxx Blvd.Xxx Xxxxx, Larkspur, CA 94939, XX 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the FundTrust, but may deliver them to a bank or trust company Trust companies of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report selection that meets the requirements of not less than Two Million Dollars ($2,000,000) the 1940 Act as a Custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundTrust, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on ninety sixty (9060) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island00 Xxxxx XxXxxxx Xxxxxx, Third FloorXxxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, Xxxxxxxx 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island000 Xxxxx Xxxxx Xxxxxx, Third FloorXxxxx 000X, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxxxxx, Larkspur, CA 94939Xxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Funds at Wood Island00 Xxxxxxxxxx Xxxxxx, Third FloorSuite 2200, 00 X. Xxx Xxxxxxx Xxxxx Blvd.San Francisco, Larkspur, CA 94939California 94104, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of any one of the Fund Funds to the particular Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund particular Fund(s) to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the each Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement, Custodian shall have a security interest in and shall have a right of setoff against properties then held by Custodian for the account of any one of the Funds. This Agreement may not be assigned by Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board Boards of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundCorporation, or by Custodian, on ninety (90) days sixty days' notice, given in writing and sent by registered mail to Custodian at X.X. P. O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Corporation at Wood Island000 Xxxxx Xxxxx Xxxxxx, Third FloorXxxxxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939Xxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the any Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the such Fund to the FundCorporation, but may deliver them to a bank or trust company in the City of Milwaukee of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report report, of not less than Two Million Dollars ($2,000,000) as a Custodian custodian for the Fund Corporation to be held under terms similar to those of this Agreement, ; provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Corporation of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundCorporation, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000Firstar Trust Company, 000 Xxxx Xxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Trust at Wood Island000 Xxxxx Xxxxxx, Third FloorXxx Xxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939XX 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Series of the Trust to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundTrust, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety sixty (9060) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood IslandW-2062 First National Bank Building, Third Floor000 Xxxxxxxxx Xxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xx. Xxxx, Larkspur, CA 94939Minnesota 55101, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island000 Xxxxx Xx Xxxxx Xxxxxx, Third FloorXxxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939Xxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company company, which is a "bank" defined in the Investment Company Act of 1940, of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Twenty-five Million Dollars ($2,000,00025,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of DirectorsBoard.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by the Custodian, on ninety (90) days days’ notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000_____________________________________________________________________________, or to the Fund Trust at Wood Island000 Xxxxxxx Xxxxxx, Third FloorXxx Xxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939Xxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Trust to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars twenty million dollars ($2,000,00020,000,000) as a Custodian custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been is made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have is been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundTrust, authorized or approved by a resolution of its Board of DirectorsBoard.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000to: Firstar Bank Milwaukee, N.A. 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx 00000, XX 00000 or to the Fund at Wood IslandCompany at: Light Revolution Fund, Third FloorInc. 000 Xxxxx X Xxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, Xxxxxxxxxx 00000 Attn: Corporate Secretary as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the FundCompany, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report selection that meets the requirements of not less than Two Million Dollars ($2,000,000) the 1940 Act as a Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx Wisconxxx 00000, or to the Fund xx xx xxx Xxxx xx Xxxxxxx-Xxxxl Trust located at Wood Island1675 Broadway, Third FloorNew York, 00 X. Xxx Xxxxxxx Xxxxx Blvd.New Yorx 00000, Larkspur, CA 94939, as the case may bexx xxx xxxx xxx xx. Upon any termination Xxxx xxx xermination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Funds at Wood Island000 Xxxx Xxx Xxxx, Third FloorXxxxxxxxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939Xxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, . Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood IslandThe Tocqueville Trust located at 0000 Xxxxxxxx, Third FloorXxx Xxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, X.X. 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx Wisxxxxxx 00000, or to the Fund xx xx xxx Xxxxx xx Xxx Xxxxxxville Trust located at Wood Island1675 Broadway, Third FloorNew York, 00 X. Xxx Xxxxxxx Xxxxx Blvd.N.Y. 00000, Larkspur, CA 94939, as the case may bexx xxx xxxx xxx xx. Upon any Xxxx xxy termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island, Third Floor, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939_________________, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Funds at Wood IslandThe XXXXXXX TRUST located at 00 Xxxxxxxx, Third FloorXxx Xxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, X.X. 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on ninety (90) days sixty days' notice, given in writing and sent by registered mail to Custodian the Custodian, at X.X. Xxx 0000First Trust Company, XxxxxxxxxFirst Trust Center, Xxxxxxxxx 00000000 Xxxx 0xx Xxxxxx, Xxxxx Xxxx, Minnesota, 55101, or to the Fund at Wood Island000-000 Xxxxx Xxxxxxxxx Xxxxxx, Third FloorXxx Xxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxxx, Larkspur, CA 9493900000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company in the City of Minneapolis of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars two million dollars ($2,000,000) as a Custodian custodian for the Fund to be held under terms similar to those of this Agreement, ; provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section Sec. 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution resolutions of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island000 Xxxxxx Xxxxxx Xxxxx, Third Floor000 Xxxxxxxxxxxxx Xxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxxxxx, Larkspur, CA 94939Xxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, ; provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Funds at Wood Island00 Xxxx Xxxxxx, Third FloorXxxxxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, Xxxxxxxxxxx 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, qualified to act as a custodian under the Investment Company Act of 1940 and having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) ), as a Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000Firstar Bank Milwaukee, NA, 000 Xxxx Xxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island, Third Floor, 00 X. Xxxx Xxx Xxxxxxx Xxxxx Blvd.Boulevard, Larkspur, CA California 94939, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by Custodian, on ninety (90) days noticenotice prior to the two year anniversary, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000Firstar Trust Company, 000 Xxxx Xxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Company at Wood Island0000 Xxxxxxxx, Third FloorXxx Xxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939XX 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Series of the Company to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Company to the FundCompany, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety sixty (9060) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood IslandThe Internet Fund/Kinetics Asset Management, Third FloorInc., 00 X. 000 Xxx Xxxxxxx Xxxxx Blvd.Xxxxxx Xxxxx Xxxxxxx, Larkspur, CA 94939, XX 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, ; provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Of Directors.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000to: Firstar Bank, N. A. 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx 00000, XX 00000 or to the Fund at Wood Island, Third Floor, 00 Company at: Xxxxxxxx Family of Funds 000 X. Xxx Xxxxxxx Xxxxx BlvdXx., LarkspurXxxxx 0000 Xxxxxxxxx, CA 94939, XX 00000 ______________________ ______________________ as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the FundCompany, but may deliver them to a bank or trust company Company companies of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report selection that meets the requirements of not less than Two Million Dollars ($2,000,000) the 1940 Act as a Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of DirectorsCompany.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, to: Firstar Trust Company Attn.: Mutual Fund Services 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx 00000, XX 00000 or to the Fund at Wood IslandCompany at: Badgley Funds, Third FloorInc. 0000 Xxxxx Xxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd.0000 Xxxxxxx, Larkspur, CA 94939, XX 00000 Attn: Corporate Secretary as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the FundCompany, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report selection that meets the requirements of not less than Two Million Dollars ($2,000,000) the 1940 Act as a Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx P.O. Box 2054, Milwaukee, Wisconsin 53000, xx xx xxx Xxxx xx 000 Xxxxxxx Xxxxx, 888 S.W. Fifth Avenue, Portland, Oregox 00000-0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island, Third Floor, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, as the case may bexx xxx xxxx xxx xx. Upon any termination Xxxx xxx xxxxxxxtion of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by the Custodian, on ninety (90) days days' notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Trust at Wood Island00 Xxxxxxxx Xxxxxx, Third FloorXxxxxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939Xxxxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Trust to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars two million dollars ($2,000,000) as a Custodian custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundTrust, authorized or approved by a resolution of its Board of DirectorsBoard.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx P.O. Box 2054, Milwaukee, Wiscoxxxx 00000, xx xx xxx Xxxxx xx Xxxxx 000, 0200 Westlake Avenue, North, Seatxxx, Xxxxxxxxxx 00000-0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island, Third Floor, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, as the case may bexx xxx xxxx xxx xx. Upon any termination Xxxx xxx xermination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Trust to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundTrust, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood IslandXxxxx Xxxx & Associates, Third Floor0000 Xxxxxx Xxxx Xxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd.000, LarkspurXxxxxx, CA 94939Xxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. In the event that the Fund elects to terminate its relationship with Custodian prior to the first anniversary of this Agreement, the Fund agrees to reimburse Custodian for those fees representing a discount to Custodian's standard fee schedule as provided to the Fund and given as a concession to the Fund as part of a one year fee arrangement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Trust on behalf of the Fund, or by Custodian, on at least ninety (90) days days' notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Trust at 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, XX 00000, or by facsimile transmission to Custodian at ___________ or to the Fund at Wood Island, Third Floor, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939(000) 000-0000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) and qualified to act as a Custodian of the Fund under Section 17 of the Investment Company Act of 1940 and the rules promulgated thereunder as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Trust on behalf of the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Trust on behalf of the Fund, authorized or approved by a resolution of its the Trust's Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx 00000Wisconsin 53201, or to the Fund at Wood Island400 Xxxx Xxxxx Xxxxxx, Third FloorXxxxx 000, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxxxx, Larkspur, CA 94939Delaware 19801, as the case may bexxxx xxx xx. Upon any termination of this AgreementXxxx xxxxxxxxxxx xx xxxx Xxxxxxxxx, pending xxxxxxx appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by the Custodian, on ninety (90) days notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwxxxxx, Xxxxxxxxx 00000, or to the Fund xx xx xxx Xxxxxxx at Wood Island4901 NW 17th Way, Third FloorSxxxx 000, 00 X. Xxx Xxxx Xxxxxxxxxx, Xxxxxxx Xxxxx Blvd.00000, Larkspur, CA 94939, as the case may bexx xxx xxxx xxx xe. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Company to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Company to the FundCompany, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report selection that meets the requirements of not less than Two Million Dollars ($2,000,000) the 1940 Act to act as a Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx Wiscxxxxx 00000, or to the Fund at Wood Islandxx xx xxx Xxxxx xx Xxx Xxxxxxxater Road, Third FloorFarmington, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxxxxx 00000, Larkspur, CA 94939, as the case may bexx xxx xxxx xxx xx. Upon any termination Xxxx xxx xermination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Trust to dissolve or to function without a custodian of its cash, securities and or other property, Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Twenty Million Dollars ($2,000,000) 20,000,000), and has had at least five years experience as custodian for mutual funds, as a Custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, fees compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, Trust authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000Firstar Trust Company, Xxxxxxxxx615 East Michigan Street, Xxxxxxxxx 00000Milwaukee, Wisconsin 53202, or to the Fund at Wood IslandTxxxx xx 0 Xxxxxxxxxxxxxx Xxxx, Third FloorXxxxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd.XX 00000, Larkspur, CA 94939, as xs the case may be. Upon any termination of this AgreementUpxx xxx xxxxxxxxxxx xx xxxx Xxxxxxxxx, pending xxxding appointment of a successor to Custodian or a vote of the shareholders of the Fund Series of the Trust to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundTrust, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by Custodian, on ninety sixty (9060) days noticedays' notice or such shorter period as may be mutually agreed upon, given in writing and sent by registered mail mail, postage prepaid, to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Company at Wood Island000 Xxxxxxxx Xxxxxxx, Third FloorXxxxxxxxx Xxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxxx, Larkspur, CA 9493900000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Company to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Company to the FundCompany, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Fifty Million Dollars ($2,000,00050,000,000) as a Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directorsthe Board.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island000 Xxxxx XxXxxxx Xxxxxx, Third FloorXxxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939Xxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000to: Firstar Bank Milwaukee, N.A. 000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx 00000, XX 00000 or to the Fund at Wood IslandCompany at: Bearguard Funds, Third FloorInc. 000 Xxxxxxxxxx Xxxxxx, Xxxxx 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxx, Larkspur, CA 94939, XX 00000 Attn: Corporate Secretary as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the FundCompany, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report selection that meets the requirements of not less than Two Million Dollars ($2,000,000) the 1940 Act as a Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by Custodian, on ninety sixty (9060) days notice, given in writing and sent by registered mail to Custodian at X.X. P.O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or xx to the Fund Funds at Wood IslandP.O. Xxx 0000, Third FloorXx. Xxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxxx 00000, Larkspur, CA 94939, as xx the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundCorporation, or by Custodian, on ninety (90) days sixty days' notice, given in writing and sent by registered mail to Custodian at X.X. 0 Xxxx 00xx Xxxxxx, Xxx 0000Xxxx, Xxxxxxxxx, Xxxxxxxxx 00000, Xxx Xxxx 00000 or to the Fund Corporation at Wood Island000 Xxxx 00xx Xxxxxx, Third FloorXxxxx 0000, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxx, Larkspur, CA 94939, Xxx Xxxx 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Corporation to dissolve or to function without a custodian Custodian of its cash, securities and other property, Custodian shall not deliver retain all cash, securities or other property of the Fund to Corporation until further advised by the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, Corporation in writing; provided, however, that Custodian shall not be required to make any delivery of such delivery property to a successor custodian or payment to the Corporation until full payment shall have been made by the Fund Corporation of all liabilities constituting a charge on or against the properties then held by Custodian Custodian, or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section Sec. 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundCorporation, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Company at Wood Island000 Xxxxxxxx Xxxxxxx Xxxxxx, Third FloorXxxxx 000, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxx, Larkspur, CA 94939Xxxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities Securities and other property, Custodian shall not deliver cash, securities Securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directorsthe Board.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by Custodian, on ninety (90) days notice, prior to the two year anniversary given in writing and sent by registered mail to Custodian at X.X. Xxx 0000to: Firstar Mutual Fund Services, LLC 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx 00000, XX 00000 or to the Companies at: Jacob Internet Fund at Wood Island0000 Xxxxxxxx Xxx Xxxx, Third Floor, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, XX 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the FundCompany, but may deliver them to a bank or trust company Company companies of its own selection, selection having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Company of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx Wiscxxxxx 00000, or to the Fund at Wood Islandxx xx xxx Xxxx xx Xxx XXXXXXXX KRAMER TRUST located ax 000 Xxftx Xxxxue, Third FloorNew York, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, as the case may beN.Y. 00000 xx xxx xxxx xxx xx. Upon any termination Xxxx xxx xermination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, to: Firstar Trust Company 000 X. Xxxxxxxx Xx. Xxxxxxxxx, Xxxxxxxxx 00000XX 00000 or the Funds to: LKCM Fund 000 Xxxxxxxx Xxxxxx, or to the Fund at Wood IslandXxxxx 0000 Xxxx Xxxxx, Third Floor, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, XX 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx Wisxxxxxx 00000, or to the Fund xx xx xxx Xxxx xx Xxx Xxxxxxville Trust located at Wood Island1675 Broadway, Third FloorNew York, 00 X. Xxx Xxxxxxx Xxxxx Blvd.N.Y. 00000, Larkspur, CA 94939, as the case may bexx xxx xxxx xxx xx. Upon any Xxxx xxy termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood IslandLepercq-Istel Trust located at 0000 Xxxxxxxx, Third FloorXxx Xxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939Xxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, to: Firstar Trust Company Attn.: Mutual Fund Services 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx 00000, XX 00000 or to the Fund at Wood IslandTrust at: Xxxxxx Xxxxx International, Third FloorLtd. One Financial Place, 00 X. Xxx Xxxxxxx Suite 3900 000 Xxxxx Blvd.XxXxxxx Xxxxxx Xxxxxxx, Larkspur, CA 94939, XX 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report selection that meets the requirements of not less than Two Million Dollars ($2,000,000) the 1940 Act as a Custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundTrust, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Funds at Wood Island00 Xxxx Xxxxxx, Third FloorXxxxxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939Xxxxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of or its own selection, qualified to act as a custodian under the Investment Company Act of 1940 and having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) ), as a Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by the Custodian, on ninety (90) days days' notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000_________________, or to the Fund Trust at Wood Island000 Xxxx Xxxxxx, Third FloorXxx Xxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939Xxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Trust to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars [two million dollars ($2,000,000) as 2,000,000)]as a Custodian custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundTrust, authorized or approved by a resolution of its Board of DirectorsBoard.

Termination or Assignment. This Agreement may be terminated by the FundCorporation, or by Custodian, on ninety (90) days sixty days' notice, given in writing and sent by registered mail to Custodian at X.X. P. O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Corporation at Wood Island000 Xxxxx Xx Xxxxx Xxxxxx, Third FloorXxxxx 0000, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxx, Larkspur, CA 94939Xxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Corporation to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Corporation to the FundCorporation, but may deliver them to a bank or trust company in the City of Milwaukee of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Corporation to be held under terms similar to those of this Agreement, ; provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Corporation of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundCorporation, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by the Custodian, on ninety (90) days days' notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx 00000, or to the Fund at Wood Islandxx xx xxx Xxxxx xx 00 Xxilroad Avenue, Third FloorGreexxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxxxxx 00000, Larkspur, CA 94939, as the case may bexx xxx xxxx xxx xx. Upon Xxxn any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Trust to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars two million dollars ($2,000,000) as a Custodian custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundTrust, authorized or approved by a resolution of its Board of DirectorsBoard.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000Firstar Bank Milwaukee, NA, 000 Xxxx Xxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island000 Xxxxxx Xxxxxx Xxxxx, Third Floor000 Xxxxxxxxxxxxx Xxxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxxxxx, Larkspur, CA 94939Xxxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundCompany, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000_____________________, or to the Fund Company at Wood Island00 Xxxxx Xxxxxxxxx Xxxxx, Third FloorXxxxx 0000, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxx, Larkspur, CA 94939Xxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities Securities and other property, Custodian shall not deliver cash, securities Securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundCompany, authorized or approved by a resolution of its Board of Directorsthe Board.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days sixty days' notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Wood Island, Third Floor, 00 X. Xxxx Xxx Xxxxxxx Xxxxx Blvd.Boulevard, Larkspur, CA California 94939, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company in the City of Milwaukee of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, ; provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Oxx Xxxxxxx Xxxx Xxxxx, Xxx 0000Xxxx, Xxxxxxxxx, Xxxxxxxxx Xxx Xxxx 00000, or to the Fund at Wood Island1000 Xxxxx Xxxxx Xxxx, Third FloorXxxxx 0000, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxxx, Larkspur, CA 94939Xxxxxxxx 00000, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000P.O. Box 2054, XxxxxxxxxMilwaukee, Xxxxxxxxx 00000Wisconsin 53201, or to the Fund at Wood Islandtxx Xxxxx 0000 Xxxxxxxxxxxx Xxxx, Third FloorXxxxx 000 Glendale Heights, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxx 00000, Larkspur, CA 94939, as the case may bexx xxx xxxx xxx xx. Upon any termination of this Xxxx xxx xxxxxxxxxxx xx xxxs Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundCorporation, on behalf of the Funds, or by the Custodian, on ninety (90) days notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx P. O. Box 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or xx to the Fund Corporation at Wood Island100 Xxxxxxxx Xxxxxxx, Third FloorXxxxxxxxx Xxxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxxxx 00000, Larkspur, CA 94939, as xx the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund Corporation to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of the Fund Corporation to the FundCorporation, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report that meets the requirements of not less than Two Million Dollars ($2,000,000) the Investment Company Act as a Custodian for the Fund Corporation to be held under terms similar to those of this Agreement, provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Corporation of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the FundCorporation, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundTrust, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to Custodian at X.X. P.O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or xx to the Fund Trust at Wood Island800 Xxxx Xxxxx Xxxxxx, Third FloorXxxxx 000, 00 X. Xxx Xxxxxxx Xxxxx Blvd.Xxxxxxx, LarkspurXxxxxxxxxx 00000, CA 94939, as xx the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Trust to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Trust to the FundTrust, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Trust to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Trust of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundTrust, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated by the FundFunds, or by Custodian, on ninety (90) days days' notice, given in writing and sent by registered mail to Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Funds at Wood IslandThe Tocqueville Trust located at 0000 Xxxxxxxx, Third FloorXxx Xxxx, 00 X. Xxx Xxxxxxx Xxxxx Blvd., Larkspur, CA 94939, X.X. 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund Funds to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund Funds to the FundFunds, but may deliver them to a bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than Two Million Dollars ($2,000,000) as a Custodian for the Fund Funds to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the FundFunds, authorized or approved by a resolution of its Board of DirectorsTrustees.