Common use of Termination or Assignment Clause in Contracts

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty (60) days' written notice and sent by registered mail to the Custodian or to the Fund at the following address: Fund - Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Custodian - Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Upon termination of this Agreement, the Custodian shall not deliver the Fund's property to the Fund, but shall (i) deliver such property to a successor Custodian designated by resolution of the board of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or (ii) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to ▇▇▇▇▇▇, if ▇▇▇▇▇▇ is then acting as a custodian for assets of the Fund, or (iii) if ▇▇▇▇▇▇ is not then acting as a custodian for assets of the Fund, the Custodian shall continue to hold the Fund's property pursuant to the provisions of this Agreement or the Authorized Instructions of any Authorized Persons, until a successor custodian is designated. 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 Article 7 of this Agreement. The Fund agrees to name a successor custodian within sixty (60) days after the written notice of termination is received or delivered. 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 FundSkyline, or by the Custodian, on sixty ninety (6090) days' written notice days notice, given in writing and sent by registered mail to the Custodian or to the Fund at the following address: Fund - Attention: ▇.▇. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Custodian - Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ , or to Skyline at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Chicago, Illinois 60606-6675, as the case may be. Upon any termination of this Agreement, the Custodian shall not deliver the Fund's property to the Fund, but shall successor custodian appointed by Skyline's Board of Trustees (ias evidenced by a certified vote) deliver such property to a successor Custodian designated by resolution at the office of the board Custodian, all securities and other property held by it hereunder, with such securities duly endorsed for transfer. If no such successor custodian shall be appointed, Custodian shall, in like manner, upon receipt of Directors of the Fund, a certified copy of which has been delivered to a vote of the CustodianBoard of Trustees of Skyline, deliver at the office of Custodian such securities, funds and other properties in accordance with such vote. In the event that no written order designating a successor custodian or (ii) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' vote of the Custodian's receipt Board of Trustees shall have been delivered to Custodian on or before the notice of terminationdate when such termination shall become effective, the then Custodian shall have the right to deliver to a bank or trust company, which is a "bank" as defined in the Fund's 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 $25,000,000, all securities, funds and other properties held by Custodian and all instruments held by Custodian relative thereto and all other property to ▇▇▇▇▇▇held by it under this Agreement. Thereafter, if ▇▇▇▇▇▇ is then acting as a such bank or trust company shall be the successor of Custodian under this Agreement. Notwithstanding the foregoing, custodian for assets of the Fund, or (iii) if ▇▇▇▇▇▇ is not then acting as a custodian for assets of the Fund, the Custodian shall continue to hold the Fund's property pursuant to the provisions of this Agreement or the Authorized Instructions of any Authorized Persons, until a successor custodian is designated. 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 custodian or on or against the Custodiancustodian, and until full payment shall have been made to the Custodian custodian of all its fees, compensation, compensation costs and expenses, subject to the provisions of Article 7 Section 12 of this Agreement. The Fund agrees In the event that securities, funds and other properties remain in the possession of Custodian after the date of termination hereof owning to name failure of Skyline to procure the certified copy of vote referred to or of the Board of Trustees to appoint a successor custodian within sixty (60) days after custodian, Custodian shall be entitled to compensation for its services during such period as Custodian retains possession of such securities, funds and other properties in accordance with the written notice fee schedule most recently in effect and the provisions of termination is received or deliveredthis Agreement relating to the duties and obligations of Custodian shall remain in full force and effect. This Agreement may not be assigned by Custodian without the consent of the Fund Funds, authorized or approved by a resolution of its Board of DirectorsTrustees. This Agreement supersedes and terminates, as of the close of business on the date hereof, all prior contracts between Custodian and Skyline relating to custody of the assets of the Funds.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days' written notice days notice, given in writing and sent by registered mail to the Custodian or to the Fund at the following address: Fund - Attention: ▇.▇. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Custodian - Attention: ▇▇▇▇▇▇ ▇▇▇▇▇, or to the Fund at ▇▇▇▇▇ ▇. ▇▇▇▇ ▇& Associates, Inc., ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Upon termination of this Agreement, the Custodian shall not deliver the Fund's property to the Fund, but shall (i) deliver such property to a successor Custodian designated by resolution of the board of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or (ii) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to ▇▇▇▇▇▇, if ▇▇▇▇▇▇ is then acting 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 for assets 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 (iii$2,000,000) if ▇▇▇▇▇▇ is not then acting as a custodian Custodian for assets of the Fund, the Custodian shall continue Fund to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or the Authorized Instructions of any Authorized PersonsAgreement, until a successor custodian is designated. The 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 Article 7 Section 10 of this Agreement. The 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 name reimburse Custodian for those fees representing a successor custodian within sixty (60) days after discount to Custodian's standard fee schedule as provided to the written notice Fund and given as a concession to the Fund as part of termination is received or delivereda one year fee arrangement. This Agreement may not be assigned by Custodian without the consent of the Fund 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 sixty ninety (6090) days' written notice days notice, given in writing and sent by registered mail to the Custodian or to the Fund at the following address: Fund - Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇Firstar Trust Company, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Custodian - Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ , or to the Trust at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 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's property Trust to the FundTrust, but shall (i) may deliver such property them to a successor Custodian designated bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by resolution its last published report of the board of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or not less than Two Million Dollars (ii$2,000,000) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to ▇▇▇▇▇▇, if ▇▇▇▇▇▇ is then acting as a custodian Custodian for assets of the Fund, or (iii) if ▇▇▇▇▇▇ is not then acting as a custodian for assets of the Fund, the Custodian shall continue Trust to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or the Authorized Instructions of any Authorized PersonsAgreement, until a successor custodian is designated. The 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 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 Article 7 Section 10 of this Agreement. The Fund agrees to name a successor custodian within sixty (60) days after the written notice of termination is received or delivered. 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, the IBD or by the Custodian, on sixty ninety (6090) days' written notice ’ notice, given in writing and sent by registered mail to the IBD or Custodian at _____________________________________________________________________________, or to the Fund Trust at the following address: Fund - Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Custodian - Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 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's property Trust to the FundTrust, but shall (i) may deliver such property them to a successor Custodian designated bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by resolution its last published report of the board of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or not less than twenty million dollars (ii$20,000,000) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to ▇▇▇▇▇▇, if ▇▇▇▇▇▇ is then acting as a custodian for assets of the Fund, or (iii) if ▇▇▇▇▇▇ is not then acting as a custodian for assets of the Fund, the Custodian shall continue Trust to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or Agreement, provided, however, that the Authorized Instructions of any Authorized Persons, until a successor custodian is designated. 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 Article 7 Section 10 of this Agreement. The Fund agrees Custodian shall not be required to name take any other action after termination of this Agreement other than transferring cash, securities or other property of the Trust to a successor custodian within sixty (60) days after successor/Custodian or as directed by the written notice of termination is received or deliveredTrust as provided herein. This Agreement may not be assigned by the IBD or Custodian without the consent of the Fund Trust, authorized or approved by a resolution of its Board of DirectorsBoard.

Termination or Assignment. This Agreement may be terminated upon ninety (90) day's written notice given by one party to the other. Any notice required to be given by the Fundparties to each other under the terms of this Agreement shall be in writing, addressed and delivered, or by the Custodian, on sixty (60) days' written notice and sent by registered mail mailed to the Custodian or principal place of business of the other party. If to the agent, such notice should to be sent to Mutual Fund at the following address: Fund - Attention: Services, 615 E. Michigan Street, Milwauke▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇hould be sent to: Mr. Erik L. Jonson, CPA Vice Pre▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ Financial Officer ICON Funds c/o Meridian Management & Research Corp. 12835 E. Arapahoe Road, Tower II ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇ce ▇▇▇▇▇▇▇▇▇ ▇▇▇ Secretary ICON Funds c/o AmeriPrime Financial 1793 Kingswood Drive, STE 200 So▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. ▇▇▇ep▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ICON Funds 103 Canyon Oaks San Antonio, TX ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Custodian - Attention: ▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Upon termination nation of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the 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's property Funds to the FundFunds, but shall (i) may deliver such property them to a successor Custodian designated bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by resolution its last published report of the board of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or not less than two million dollars (ii$2,000,000) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to ▇▇▇▇▇▇, if ▇▇▇▇▇▇ is then acting as a custodian Custodian for assets of the Fund, or (iii) if ▇▇▇▇▇▇ is not then acting as a custodian for assets of the Fund, the Custodian shall continue Funds to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or the Authorized Instructions of any Authorized PersonsAgreement, until a successor custodian is designated. The 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 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 Article 7 Section 10 of this Agreement. The Fund agrees to name a successor custodian within sixty (60) days after the written notice of termination is received or delivered. This Agreement may not be assigned by Custodian without the consent of the Fund Funds, 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 sixty ninety (6090) days' written notice days notice, given in writing and sent by registered mail to the Custodian or to the Fund at the following address: Fund - Attention: ▇.▇. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Custodian - Attention: ▇, or to the Fund at ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇& Associates, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Upon termination of this Agreement, the Custodian shall not deliver the Fund's property to the Fund, but shall (i) deliver such property to a successor Custodian designated by resolution of the board of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or (ii) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to ▇▇▇▇▇▇, if ▇▇▇▇▇▇ is then acting 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 for assets 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 (iii$2,000,000) if ▇▇▇▇▇▇ is not then acting as a custodian Custodian for assets of the Fund, the Custodian shall continue Fund to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or the Authorized Instructions of any Authorized PersonsAgreement, until a successor custodian is designated. The 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 Article 7 Section 10 of this Agreement. The 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 name reimburse Custodian for those fees representing a successor custodian within sixty (60) days after discount to Custodian's standard fee schedule as provided to the written notice Fund and given as a concession to the Fund as part of termination is received or delivereda one year fee arrangement. This Agreement may not be assigned by Custodian without the consent of the Fund Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. Section 18.1. This Agreement may be amended only by mutual agreement of the parties hereto in writing. Section 18.2. This Agreement may be terminated by the Fund, Trust or by the Custodian, on sixty (60) days' written notice given in writing and sent by registered mail to the Custodian or to the Fund Trust at the following address: Fund - Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇address specified in Section 19.1 or 19.2, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ as the case may be; provided, however, that the Trust may at any time by action of its Board of Trustees immediately terminate this Agreement in the event of the appointment of a conservator or receiver for Custodian - Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. 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 Property, Custodian shall not deliver Property of the Fund's property Trust to the FundTrust, but shall (i) may deliver such property it to a successor Custodian designated bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by resolution Its last published report of the board of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or not less than One Hundred Million Dollars (ii$1OO,000,000) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to ▇▇▇▇▇▇, if ▇▇▇▇▇▇ is then acting as a custodian for assets of the Fund, or (iii) if ▇▇▇▇▇▇ is not then acting as a custodian for assets of the Fund, the Custodian shall continue Fund to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or the Authorized Instructions of any Authorized PersonsAgreement: provided however, until a successor custodian is designated. The 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 Property then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of for all its fees, compensation, costs and expenses, subject to the provisions of Article 7 of this AgreementSection 14. The Fund agrees to name If a successor custodian within sixty (60) days after shall be appointed by the written notice Board of termination is received or delivered. This Agreement may not be assigned by Custodian without the consent Trustees of the Fund authorized or approved by a resolution of its Board of Directors.Trust, Custodian shall, upon termination, deliver to such

Termination or Assignment. This The initial term of this Agreement shall be from the date hereof until April 1, 2000. During the initial term of this Agreement, if the Fund or Kinetics Asset Management, Inc. terminates any services with FMFS, the Fund agrees to compensate FMFS an amount equal to the fees remaining under the initial term of this Agreement. Subsequent to the initial term, this Agreement may be terminated by either party at any time upon giving 90 days prior written notice to the Fund, other party or such shorter period as is mutually agreed upon by the Custodian, on sixty (60) days' written parties. This Agreement may be replaced or modified by a subsequent agreement between the parties. It is understood and agreed to by the parties that a notice to terminate one of the servicing contracts constitutes notice of termination for all servicing contracts that exist between the parties. Notice shall be in writing and sent by registered mail to the Custodian or to the Fund at the following address: Fund - Attention: Firstar Bank Milwaukee, NA, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Custodian - Attention: ▇▇▇▇▇▇ ▇▇▇▇▇or to the Fund at Kinetics Mutual Funds, Inc. ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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's property Fund to the Fund, but shall (i) may deliver such property them to a successor Custodian designated by resolution bank or trust company of its own selection, that meets the requirements of the board Investment Company Act of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or (ii) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to ▇▇▇▇▇▇, if ▇▇▇▇▇▇ is then acting 1940 as a custodian Custodian for assets of the Fund, or (iii) if ▇▇▇▇▇▇ is not then acting as a custodian for assets of the Fund, the Custodian shall continue Fund to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or the Authorized Instructions of any Authorized PersonsAgreement, until a successor custodian is designated. The 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 Article 7 Section 10 of this Agreement. The Fund agrees It is understood and agreed to name by the parties that a successor custodian within sixty (60) days after notice to terminate one of the written servicing contracts constitutes notice of termination is received or deliveredfor all servicing contracts that exist between the parties. This Agreement may not be assigned by Custodian without the consent of the Fund Fund, authorized or approved by a resolution of its Board of Directors.