EXHIBIT (h)(4)
AMENDMENT TO FUND ACCOUNTING AGREEMENT
This Amendment is made as of March 1, 2004, between CITIZENS FUNDS (the
"Trust"), a Massachusetts business trust having its principal place of business
at 000 Xxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxx, Xxx Xxxxxxxxx 00000, and BISYS FUND
SERVICES OHIO, INC. ("BISYS"), an Ohio corporation having its principal place of
business at 0000 Xxxxxxx Xxxx, Xxxxxxxx, Xxxx 00000.
WHEREAS, the parties entered into a Fund Accounting Agreement dated August
18, 2003 (the "Agreement"), as amended, pertaining to each portfolio of the
Company except as stated therein; and
WHEREAS, the parties hereto wish to amend the Agreement to extend the term
of the Agreement;
NOW THEREFORE, in consideration of the foregoing and the mutual premises
and covenants herein set forth, the parties agree as follows:
1. Term
Section 6 of the Agreement is hereby amended by replacing "August 1,
2003" with "February 28, 2007".
2. Additional Service
Schedule B is hereby amended by adding the following to the end of
Schedule B:
"Fair valuation monitoring using ITG will incur an annual fee to BISYS of
$5,000. Fees and expenses payable to ITG will also be charged pursuant to
Section 4 of the Agreement."
3. Miscellaneous
(a) This Amendment supplements and amends the Agreement. The provisions
set forth in this Amendment supersede all prior negotiations, understandings and
agreements bearing upon the subject matter covered herein, including any
conflicting provisions of the Agreement or any provisions of the Agreement that
directly cover or indirectly bear upon matters covered under this Amendment.
(b) Each reference to the Agreement in the Agreement (as it existed prior
to this Amendment) and in every other agreement, contract or instrument to which
the parties are bound, shall hereafter be construed as a reference to the
Agreement as amended by this Amendment. Except as provided in this Amendment,
the provisions of the Agreement remain in full force and effect (including,
without limitation, the term of the Agreement). No amendment or modification to
this Amendment shall be valid unless made in writing and executed by both
parties hereto.
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EXHIBIT (h)(4)
(c) Paragraph headings in this Amendment are included for convenience only
and are not to be used to construe or interpret this Amendment.
(d) This Amendment may be executed in counterparts, each of which shall be
an original but all of which, taken together, shall constitute one and the same
agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date first written above.
CITIZENS FUNDS
By: /s/ Xxxx Xxxxxxxx
------------------------------------
Name: Xxxx Xxxxxxxx
Title: Senior Vice President
BISYS FUND SERVICES OHIO, INC.
By: /s/ Xxxx Nadeff
------------------------------------
Name: Xxxx Nadeff
Title: President
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