EXHIBIT 99.B9(B)(I)
AMENDMENT TO ADMINISTRATION AGREEMENT
This Agreement, dated as of the ____ day of May, 1998, made by and between
The Xxxxxxx Plan, a Delaware Business Trust (the "Trust") operating as a
registered investment company under the Investment Company Act of 1940, as
amended (the "Act"), duly organized and existing under the laws of the State of
Delaware and FPS SERVICES, INC. ("FPS"), a corporation duly organized and
existing under the laws of the State of Delaware (collectively, the "Parties").
WITNESSETH THAT:
WHEREAS, the Trust and Fund/Plan have entered into an agreement dated
January 19, 1994, which become effective February 23, 1994, wherein FPS
(formerly Fund/Plan Services, Inc.) has agreed to serve as administrator to
provide certain administrative services to the Trust (Administrative Services
Agreement"); and
WHEREAS, the Parties wish to amend the Administrative Services Agreement to
reflect the creation of an additional series for the Trust; and
NOW, THEREFORE, in consideration of the premises and mutual covenants
contained herein, the Parties hereto, intending to be legally bound, do hereby
agree:
1. To amend Schedule "C" to the Administrative Services Agreement in the
form attached hereto as Schedule "C" to reflect the additional of The
Xxxxxxx Plan Variable Series.
2. This Amendment's Effective Date shall be May 1, 1998.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement
consisting of one type written page, together with Schedule "C" to be signed by
their duly authorized officers and their corporate seals hereunto duly affixed
as of the day and year first above written.
THE XXXXXXX PLAN FPS SERVICES, INC.
_______________________________________ _________________________________
By: Xxxxxx X. Ally, Chairman By: Xxxxxxx X. Xxxxx, President
_______________________________________ _________________________________
Attest: Xxxxxx X. Xxxxxxxxxx, Secretary Attest: Xxxxx X. Xxxxx, Secretary
SCHEDULE "C"
IDENTIFICATION OF SERIES
Below are listed the "Series and Classes" to which services under this
Agreement are to be performed as of the execution date of this Agreement:
"The Xxxxxxx Plan- Class A"
"The Xxxxxxx Plan- Class X"
"Xxx Xxxxxxx Plan Variable Series"
This Schedule "C" may be amended from time to time by agreement of the Parties.
