Exhibit 24(b)(9)(iv)
XXXXXX MUTUAL FUND
MONEY MARKET PORTFOLIO
ADMINISTRATIVE SERVICES AGREEMENT
AGREEMENT made this 19th day of February, 1997, by and
between XXXXXX MUTUAL FUND, a Delaware Business Trust (the
"Fund"), on behalf of Money Market Portfolio (the "Portfolio"), a
separate series of the Fund, and KIEWIT INVESTMENT MANAGEMENT
CORP., a Delaware corporation ("XXX").
WHEREAS, the Fund has been organized and operates as an
investment company registered under the Investment Company Act of
1940 for the purposes of investing and reinvesting its assets in
securities, as set forth in its Registration Statement under the
Investment Company Act of 1940 and the Securities Act of 1933, as
heretofore amended and supplemented;
WHEREAS, the Portfolio, as a separate series of the
Fund, desires to avail itself of the services, assistance and
facilities of an administrator and to have an administrator
perform various administrative and other services for it; and
WHEREAS, XXX desires to provide such services to the
Portfolio.
NOW, THEREFORE, in consideration of the terms and
conditions hereinafter set forth, it is agreed as follows:
1. Employment of the Administrator. The Fund hereby
employs XXX to supervise the administrative affairs of the
Portfolio, subject to the direction of the board of trustees and
the officers of the Fund on the terms hereinafter set forth. XXX
hereby accepts such employment and agrees to render the services
described herein for the compensation herein provided.
2. Services to be Provided by XXX.
X. XXX shall supervise the administrative affairs of
the Fund as they pertain to the Portfolio. Specifically, XXX
shall:
(1) supervise the services provided to the Fund
for the benefit of the Portfolio by the
Portfolio's custodian, transfer and dividend
disbursing agent, printers, insurance
carriers (as well as agents and brokers),
independent accountants, legal counsel and
other persons who provide services to the
Fund for the benefit of the Portfolio;
(2) assist the Fund to comply with the provisions
of applicable federal, state, local and
foreign securities, tax, organizational and
other laws that (i) govern the business of
the Fund in respect of the Portfolio (except
those that govern investment of the
Portfolio's assets), (ii) regulate the
offering of the Portfolio's shares and
(iii) provide for the taxation of the
Portfolio;
(3) provide the shareholders of the Portfolio
with such information regarding the operation
and affairs of the Portfolio, and their
investment in its shares, as they or the Fund
may reasonably request;
(4) assist the Portfolio to conduct meetings of
its shareholders if and when called by the
board of trustees of the Fund;
(5) furnish such information as the board of
trustees of the Fund may require regarding
any investment company in whose shares the
Portfolio may invest; and
(6) provide such other administrative services
for the benefit of the Portfolio as the board
of trustees may reasonably request.
B. In carrying out its responsibilities under Section
A herein, to the extent XXX xxxxx necessary or desirable and at
the expense of the Portfolio, XXX shall be entitled to consult
with, and obtain the assistance of, the persons described in
Section A, paragraph (1) herein who provide services to the Fund.
X. XXX, at its own expense, shall provide the Fund
with such office facilities and equipment as may be necessary to
conduct the administrative affairs of the Fund in respect of the
Portfolio.
3. Expenses of the Fund. It is understood that the
Portfolio will pay all of its own expenses incurred to conduct
its administrative affairs.
4. Compensation of XXX. For the services to be
rendered by XXX as provided in Section 2 of this Agreement, the
Portfolio shall pay to XXX, at the end of each month, a fee equal
to one-twelfth of 0.02 percent of the average daily net assets of
the Portfolio during the month. If this Agreement is terminated
prior to the end of any month, the fee for such month shall be
prorated.
5. Activities of XXX. The services of XXX to the
Fund or in respect of the Portfolio are not to be deemed
exclusive, and XXX shall be free to render similar services to
others as long as its services to the Fund or in respect of the
Portfolio are not impaired thereby.
6. Liability of XXX. No provision of this Agreement
shall be deemed to protect XXX against any liability to the Fund
or its shareholders to which it might otherwise be subject by
reason of willful misfeasance, bad faith or gross negligence in
the performance of its duties or the reckless disregard of its
obligations under this Agreement.
7. Duration and Termination.
A. This Agreement shall become effective on the date
written below, provided that prior to such date it shall have
been approved by the board of trustees of the Fund, and shall
continue in effect until terminated by the Fund or XXX on 60
days' written notice to the other.
B. Any notice under this Agreement shall be given in
writing addressed and delivered, or mailed post-paid, to the
other party at the principal business office of such party.
8. Severability. If any provision of this Agreement
shall be held or made invalid by a court decision, statute, rule
or otherwise, the remainder of this Agreement shall not be
affected thereby.
9. Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of
Delaware.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and effective on the 19th day of
February, 1997.
XXXXXX MUTUAL FUND KIEWIT INVESTMENT MANAGEMENT
CORP.
By:/s/ Xxx X. XxXxxxxxx By:/s/ Xxx X. XxXxxxxxx
Chairman, President President
and Trustee
XXXXXX MUTUAL FUND
SHORT-TERM GOVERNMENT PORTFOLIO
ADMINISTRATIVE SERVICES AGREEMENT
AGREEMENT made this 19th day of February, 1997, by and
between XXXXXX MUTUAL FUND, a Delaware Business Trust (the
"Fund"), on behalf of Short-Term Government Portfolio (the
"Portfolio"), a separate series of the Fund, and KIEWIT
INVESTMENT MANAGEMENT CORP., a Delaware corporation ("XXX").
WHEREAS, the Fund has been organized and operates as an
investment company registered under the Investment Company Act of
1940 for the purposes of investing and reinvesting its assets in
securities, as set forth in its Registration Statement under the
Investment Company Act of 1940 and the Securities Act of 1933, as
heretofore amended and supplemented;
WHEREAS, the Portfolio, as a separate series of the
Fund, desires to avail itself of the services, assistance and
facilities of an administrator and to have an administrator
perform various administrative and other services for it; and
WHEREAS, XXX desires to provide such services to the
Portfolio.
NOW, THEREFORE, in consideration of the terms and
conditions hereinafter set forth, it is agreed as follows:
1. Employment of the Administrator. The Fund hereby
employs XXX to supervise the administrative affairs of the
Portfolio, subject to the direction of the board of trustees and
the officers of the Fund on the terms hereinafter set forth. XXX
hereby accepts such employment and agrees to render the services
described herein for the compensation herein provided.
2. Services to be Provided by XXX.
X. XXX shall supervise the administrative affairs of
the Fund as they pertain to the Portfolio. Specifically, XXX
shall:
(1) supervise the services provided to the Fund
for the benefit of the Portfolio by the
Portfolio's custodian, transfer and dividend
disbursing agent, printers, insurance
carriers (as well as agents and brokers),
independent accountants, legal counsel and
other persons who provide services to the
Fund for the benefit of the Portfolio;
(2) assist the Fund to comply with the provisions
of applicable federal, state, local and
foreign securities, tax, organizational and
other laws that (i) govern the business of
the Fund in respect of the Portfolio (except
those that govern investment of the
Portfolio's assets), (ii) regulate the
offering of the Portfolio's shares and
(iii) provide for the taxation of the
Portfolio;
(3) provide the shareholders of the Portfolio
with such information regarding the operation
and affairs of the Portfolio, and their
investment in its shares, as they or the Fund
may reasonably request;
(4) assist the Portfolio to conduct meetings of
its shareholders if and when called by the
board of trustees of the Fund;
(5) furnish such information as the board of
trustees of the Fund may require regarding
any investment company in whose shares the
Portfolio may invest; and
(6) provide such other administrative services
for the benefit of the Portfolio as the board
of trustees may reasonably request.
B. In carrying out its responsibilities under Section
A herein, to the extent XXX xxxxx necessary or desirable and at
the expense of the Portfolio, XXX shall be entitled to consult
with, and obtain the assistance of, the persons described in
Section A, paragraph (1) herein who provide services to the Fund.
X. XXX, at its own expense, shall provide the Fund
with such office facilities and equipment as may be necessary to
conduct the administrative affairs of the Fund in respect of the
Portfolio.
3. Expenses of the Fund. It is understood that the
Portfolio will pay all of its own expenses incurred to conduct
its administrative affairs.
4. Compensation of XXX. For the services to be
rendered by XXX as provided in Section 2 of this Agreement, the
Portfolio shall pay to XXX, at the end of each month, a fee equal
to one-twelfth of 0.02 percent of the average daily net assets of
the Portfolio during the month. If this Agreement is terminated
prior to the end of any month, the fee for such month shall be
prorated.
5. Activities of XXX. The services of XXX to the
Fund or in respect of the Portfolio are not to be deemed
exclusive, and XXX shall be free to render similar services to
others as long as its services to the Fund or in respect of the
Portfolio are not impaired thereby.
6. Liability of XXX. No provision of this Agreement
shall be deemed to protect XXX against any liability to the Fund
or its shareholders to which it might otherwise be subject by
reason of willful misfeasance, bad faith or gross negligence in
the performance of its duties or the reckless disregard of its
obligations under this Agreement.
7. Duration and Termination.
A. This Agreement shall become effective on the date
written below, provided that prior to such date it shall have
been approved by the board of trustees of the Fund, and shall
continue in effect until terminated by the Fund or XXX on 60
days' written notice to the other.
B. Any notice under this Agreement shall be given in
writing addressed and delivered, or mailed post-paid, to the
other party at the principal business office of such party.
8. Severability. If any provision of this Agreement
shall be held or made invalid by a court decision, statute, rule
or otherwise, the remainder of this Agreement shall not be
affected thereby.
9. Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of
Delaware.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and effective on the 19th day of
February, 1997.
XXXXXX MUTUAL FUND KIEWIT INVESTMENT MANAGEMENT
CORP.
By:/s/ Xxx X. XxXxxxxxx By:/s/ Xxx X. XxXxxxxxx
Chairman, President President
and Trustee
XXXXXX MUTUAL FUND
INTERMEDIATE-TERM BOND PORTFOLIO
ADMINISTRATIVE SERVICES AGREEMENT
AGREEMENT made this 19th day of February, 1997, by and
between XXXXXX MUTUAL FUND, a Delaware Business Trust (the
"Fund"), on behalf of Intermediate-Term Bond Portfolio (the
"Portfolio"), a separate series of the Fund, and KIEWIT
INVESTMENT MANAGEMENT CORP., a Delaware corporation ("XXX").
WHEREAS, the Fund has been organized and operates as an
investment company registered under the Investment Company Act of
1940 for the purposes of investing and reinvesting its assets in
securities, as set forth in its Registration Statement under the
Investment Company Act of 1940 and the Securities Act of 1933, as
heretofore amended and supplemented;
WHEREAS, the Portfolio, as a separate series of the
Fund, desires to avail itself of the services, assistance and
facilities of an administrator and to have an administrator
perform various administrative and other services for it; and
WHEREAS, XXX desires to provide such services to the
Portfolio.
NOW, THEREFORE, in consideration of the terms and
conditions hereinafter set forth, it is agreed as follows:
1. Employment of the Administrator. The Fund hereby
employs XXX to supervise the administrative affairs of the
Portfolio, subject to the direction of the board of trustees and
the officers of the Fund on the terms hereinafter set forth. XXX
hereby accepts such employment and agrees to render the services
described herein for the compensation herein provided.
2. Services to be Provided by XXX.
X. XXX shall supervise the administrative affairs of
the Fund as they pertain to the Portfolio. Specifically, XXX
shall:
(1) supervise the services provided to the Fund
for the benefit of the Portfolio by the
Portfolio's custodian, transfer and dividend
disbursing agent, printers, insurance
carriers (as well as agents and brokers),
independent accountants, legal counsel and
other persons who provide services to the
Fund for the benefit of the Portfolio;
(2) assist the Fund to comply with the provisions
of applicable federal, state, local and
foreign securities, tax, organizational and
other laws that (i) govern the business of
the Fund in respect of the Portfolio (except
those that govern investment of the
Portfolio's assets), (ii) regulate the
offering of the Portfolio's shares and
(iii) provide for the taxation of the
Portfolio;
(3) provide the shareholders of the Portfolio
with such information regarding the operation
and affairs of the Portfolio, and their
investment in its shares, as they or the Fund
may reasonably request;
(4) assist the Portfolio to conduct meetings of
its shareholders if and when called by the
board of trustees of the Fund;
(5) furnish such information as the board of
trustees of the Fund may require regarding
any investment company in whose shares the
Portfolio may invest; and
(6) provide such other administrative services
for the benefit of the Portfolio as the board
of trustees may reasonably request.
B. In carrying out its responsibilities under Section
A herein, to the extent XXX xxxxx necessary or desirable and at
the expense of the Portfolio, XXX shall be entitled to consult
with, and obtain the assistance of, the persons described in
Section A, paragraph (1) herein who provide services to the Fund.
X. XXX, at its own expense, shall provide the Fund
with such office facilities and equipment as may be necessary to
conduct the administrative affairs of the Fund in respect of the
Portfolio.
3. Expenses of the Fund. It is understood that the
Portfolio will pay all of its own expenses incurred to conduct
its administrative affairs.
4. Compensation of XXX. For the services to be
rendered by XXX as provided in Section 2 of this Agreement, the
Portfolio shall pay to XXX, at the end of each month, a fee equal
to one-twelfth of 0.02 percent of the average daily net assets of
the Portfolio during the month. If this Agreement is terminated
prior to the end of any month, the fee for such month shall be
prorated.
5. Activities of XXX. The services of XXX to the
Fund or in respect of the Portfolio are not to be deemed
exclusive, and XXX shall be free to render similar services to
others as long as its services to the Fund or in respect of the
Portfolio are not impaired thereby.
6. Liability of XXX. No provision of this Agreement
shall be deemed to protect XXX against any liability to the Fund
or its shareholders to which it might otherwise be subject by
reason of willful misfeasance, bad faith or gross negligence in
the performance of its duties or the reckless disregard of its
obligations under this Agreement.
7. Duration and Termination.
A. This Agreement shall become effective on the date
written below, provided that prior to such date it shall have
been approved by the board of trustees of the Fund, and shall
continue in effect until terminated by the Fund or XXX on 60
days' written notice to the other.
B. Any notice under this Agreement shall be given in
writing addressed and delivered, or mailed post-paid, to the
other party at the principal business office of such party.
8. Severability. If any provision of this Agreement
shall be held or made invalid by a court decision, statute, rule
or otherwise, the remainder of this Agreement shall not be
affected thereby.
9. Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of
Delaware.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and effective on the 19th day of
February, 1997.
XXXXXX MUTUAL FUND KIEWIT INVESTMENT MANAGEMENT
CORP.
By:/s/ Xxx X. XxXxxxxxx By:/s/ Xxx X. XxXxxxxxx
Chairman, President President
and Trustee
XXXXXX MUTUAL FUND
TAX EXEMPT PORTFOLIO
ADMINISTRATIVE SERVICES AGREEMENT
AGREEMENT made this 19th day of February, 1997, by and
between XXXXXX MUTUAL FUND, a Delaware Business Trust (the
"Fund"), on behalf of Tax Exempt Portfolio (the "Portfolio"), a
separate series of the Fund, and KIEWIT INVESTMENT MANAGEMENT
CORP., a Delaware corporation ("XXX").
WHEREAS, the Fund has been organized and operates as an
investment company registered under the Investment Company Act of
1940 for the purposes of investing and reinvesting its assets in
securities, as set forth in its Registration Statement under the
Investment Company Act of 1940 and the Securities Act of 1933, as
heretofore amended and supplemented;
WHEREAS, the Portfolio, as a separate series of the
Fund, desires to avail itself of the services, assistance and
facilities of an administrator and to have an administrator
perform various administrative and other services for it; and
WHEREAS, XXX desires to provide such services to the
Portfolio.
NOW, THEREFORE, in consideration of the terms and
conditions hereinafter set forth, it is agreed as follows:
1. Employment of the Administrator. The Fund hereby
employs XXX to supervise the administrative affairs of the
Portfolio, subject to the direction of the board of trustees and
the officers of the Fund on the terms hereinafter set forth. XXX
hereby accepts such employment and agrees to render the services
described herein for the compensation herein provided.
2. Services to be Provided by XXX.
X. XXX shall supervise the administrative affairs of
the Fund as they pertain to the Portfolio. Specifically, XXX
shall:
(1) supervise the services provided to the Fund
for the benefit of the Portfolio by the
Portfolio's custodian, transfer and dividend
disbursing agent, printers, insurance
carriers (as well as agents and brokers),
independent accountants, legal counsel and
other persons who provide services to the
Fund for the benefit of the Portfolio;
(2) assist the Fund to comply with the provisions
of applicable federal, state, local and
foreign securities, tax, organizational and
other laws that (i) govern the business of
the Fund in respect of the Portfolio (except
those that govern investment of the
Portfolio's assets), (ii) regulate the
offering of the Portfolio's shares and
(iii) provide for the taxation of the
Portfolio;
(3) provide the shareholders of the Portfolio
with such information regarding the operation
and affairs of the Portfolio, and their
investment in its shares, as they or the Fund
may reasonably request;
(4) assist the Portfolio to conduct meetings of
its shareholders if and when called by the
board of trustees of the Fund;
(5) furnish such information as the board of
trustees of the Fund may require regarding
any investment company in whose shares the
Portfolio may invest; and
(6) provide such other administrative services
for the benefit of the Portfolio as the board
of trustees may reasonably request.
B. In carrying out its responsibilities under Section
A herein, to the extent XXX xxxxx necessary or desirable and at
the expense of the Portfolio, XXX shall be entitled to consult
with, and obtain the assistance of, the persons described in
Section A, paragraph (1) herein who provide services to the Fund.
X. XXX, at its own expense, shall provide the Fund
with such office facilities and equipment as may be necessary to
conduct the administrative affairs of the Fund in respect of the
Portfolio.
3. Expenses of the Fund. It is understood that the
Portfolio will pay all of its own expenses incurred to conduct
its administrative affairs.
4. Compensation of XXX. For the services to be
rendered by XXX as provided in Section 2 of this Agreement, the
Portfolio shall pay to XXX, at the end of each month, a fee equal
to one-twelfth of 0.02 percent of the average daily net assets of
the Portfolio during the month. If this Agreement is terminated
prior to the end of any month, the fee for such month shall be
prorated.
5. Activities of XXX. The services of XXX to the
Fund or in respect of the Portfolio are not to be deemed
exclusive, and XXX shall be free to render similar services to
others as long as its services to the Fund or in respect of the
Portfolio are not impaired thereby.
6. Liability of XXX. No provision of this Agreement
shall be deemed to protect XXX against any liability to the Fund
or its shareholders to which it might otherwise be subject by
reason of willful misfeasance, bad faith or gross negligence in
the performance of its duties or the reckless disregard of its
obligations under this Agreement.
7. Duration and Termination.
A. This Agreement shall become effective on the date
written below, provided that prior to such date it shall have
been approved by the board of trustees of the Fund, and shall
continue in effect until terminated by the Fund or XXX on 60
days' written notice to the other.
B. Any notice under this Agreement shall be given in
writing addressed and delivered, or mailed post-paid, to the
other party at the principal business office of such party.
8. Severability. If any provision of this Agreement
shall be held or made invalid by a court decision, statute, rule
or otherwise, the remainder of this Agreement shall not be
affected thereby.
9. Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of
Delaware.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and effective on the 19th day of
February, 1997.
XXXXXX MUTUAL FUND KIEWIT INVESTMENT MANAGEMENT
CORP.
By:/s/ Xxx X. XxXxxxxxx By:/s/ Xxx X. XxXxxxxxx
Chairman, President President
and Trustee
XXXXXX MUTUAL FUND
EQUITY PORTFOLIO
ADMINISTRATIVE SERVICES AGREEMENT
AGREEMENT made this 19th day of February, 1997, by and
between XXXXXX MUTUAL FUND, a Delaware Business Trust (the
"Fund"), on behalf of Equity Portfolio (the "Portfolio"), a
separate series of the Fund, and KIEWIT INVESTMENT MANAGEMENT
CORP., a Delaware corporation ("XXX").
WHEREAS, the Fund has been organized and operates as an
investment company registered under the Investment Company Act of
1940 for the purposes of investing and reinvesting its assets in
securities, as set forth in its Registration Statement under the
Investment Company Act of 1940 and the Securities Act of 1933, as
heretofore amended and supplemented;
WHEREAS, the Portfolio, as a separate series of the
Fund, desires to avail itself of the services, assistance and
facilities of an administrator and to have an administrator
perform various administrative and other services for it; and
WHEREAS, XXX desires to provide such services to the
Portfolio.
NOW, THEREFORE, in consideration of the terms and
conditions hereinafter set forth, it is agreed as follows:
1. Employment of the Administrator. The Fund hereby
employs XXX to supervise the administrative affairs of the
Portfolio, subject to the direction of the board of trustees and
the officers of the Fund on the terms hereinafter set forth. XXX
hereby accepts such employment and agrees to render the services
described herein for the compensation herein provided.
2. Services to be Provided by XXX.
X. XXX shall supervise the administrative affairs of
the Fund as they pertain to the Portfolio. Specifically, XXX
shall:
(1) supervise the services provided to the Fund
for the benefit of the Portfolio by the
Portfolio's custodian, transfer and dividend
disbursing agent, printers, insurance
carriers (as well as agents and brokers),
independent accountants, legal counsel and
other persons who provide services to the
Fund for the benefit of the Portfolio;
(2) assist the Fund to comply with the provisions
of applicable federal, state, local and
foreign securities, tax, organizational and
other laws that (i) govern the business of
the Fund in respect of the Portfolio (except
those that govern investment of the
Portfolio's assets), (ii) regulate the
offering of the Portfolio's shares and
(iii) provide for the taxation of the
Portfolio;
(3) provide the shareholders of the Portfolio
with such information regarding the operation
and affairs of the Portfolio, and their
investment in its shares, as they or the Fund
may reasonably request;
(4) assist the Portfolio to conduct meetings of
its shareholders if and when called by the
board of trustees of the Fund;
(5) furnish such information as the board of
trustees of the Fund may require regarding
any investment company in whose shares the
Portfolio may invest; and
(6) provide such other administrative services
for the benefit of the Portfolio as the board
of trustees may reasonably request.
B. In carrying out its responsibilities under Section
A herein, to the extent XXX xxxxx necessary or desirable and at
the expense of the Portfolio, XXX shall be entitled to consult
with, and obtain the assistance of, the persons described in
Section A, paragraph (1) herein who provide services to the Fund.
X. XXX, at its own expense, shall provide the Fund
with such office facilities and equipment as may be necessary to
conduct the administrative affairs of the Fund in respect of the
Portfolio.
3. Expenses of the Fund. It is understood that the
Portfolio will pay all of its own expenses incurred to conduct
its administrative affairs.
4. Compensation of XXX. For the services to be
rendered by XXX as provided in Section 2 of this Agreement, the
Portfolio shall pay to XXX, at the end of each month, a fee equal
to one-twelfth of 0.02 percent of the average daily net assets of
the Portfolio during the month. If this Agreement is terminated
prior to the end of any month, the fee for such month shall be
prorated.
5. Activities of XXX. The services of XXX to the
Fund or in respect of the Portfolio are not to be deemed
exclusive, and XXX shall be free to render similar services to
others as long as its services to the Fund or in respect of the
Portfolio are not impaired thereby.
6. Liability of XXX. No provision of this Agreement
shall be deemed to protect XXX against any liability to the Fund
or its shareholders to which it might otherwise be subject by
reason of willful misfeasance, bad faith or gross negligence in
the performance of its duties or the reckless disregard of its
obligations under this Agreement.
7. Duration and Termination.
A. This Agreement shall become effective on the date
written below, provided that prior to such date it shall have
been approved by the board of trustees of the Fund, and shall
continue in effect until terminated by the Fund or XXX on 60
days' written notice to the other.
B. Any notice under this Agreement shall be given in
writing addressed and delivered, or mailed post-paid, to the
other party at the principal business office of such party.
8. Severability. If any provision of this Agreement
shall be held or made invalid by a court decision, statute, rule
or otherwise, the remainder of this Agreement shall not be
affected thereby.
9. Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of
Delaware.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and effective on the 19th day of
February, 1997.
XXXXXX MUTUAL FUND KIEWIT INVESTMENT MANAGEMENT
CORP.
By:/s/ Xxx X. XxXxxxxxx By:/s/ Xxx X. XxXxxxxxx
Chairman, President President
and Trustee
XXXXXX MUTUAL FUND
GOVERNMENT MONEY MARKET PORTFOLIO
ADMINISTRATIVE SERVICES AGREEMENT
AGREEMENT made this 19th day of February, 1997, by and
between XXXXXX MUTUAL FUND, a Delaware Business Trust (the
"Fund"), on behalf of Government Money Market Portfolio (the
"Portfolio"), a separate series of the Fund, and KIEWIT
INVESTMENT MANAGEMENT CORP., a Delaware corporation ("XXX").
WHEREAS, the Fund has been organized and operates as an
investment company registered under the Investment Company Act of
1940 for the purposes of investing and reinvesting its assets in
securities, as set forth in its Registration Statement under the
Investment Company Act of 1940 and the Securities Act of 1933, as
heretofore amended and supplemented;
WHEREAS, the Portfolio, as a separate series of the
Fund, desires to avail itself of the services, assistance and
facilities of an administrator and to have an administrator
perform various administrative and other services for it; and
WHEREAS, XXX desires to provide such services to the
Portfolio.
NOW, THEREFORE, in consideration of the terms and
conditions hereinafter set forth, it is agreed as follows:
1. Employment of the Administrator. The Fund hereby
employs XXX to supervise the administrative affairs of the
Portfolio, subject to the direction of the board of trustees and
the officers of the Fund on the terms hereinafter set forth. XXX
hereby accepts such employment and agrees to render the services
described herein for the compensation herein provided.
2. Services to be Provided by XXX.
X. XXX shall supervise the administrative affairs of
the Fund as they pertain to the Portfolio. Specifically, XXX
shall:
(1) supervise the services provided to the Fund
for the benefit of the Portfolio by the
Portfolio's custodian, transfer and dividend
disbursing agent, printers, insurance
carriers (as well as agents and brokers),
independent accountants, legal counsel and
other persons who provide services to the
Fund for the benefit of the Portfolio;
(2) assist the Fund to comply with the provisions
of applicable federal, state, local and
foreign securities, tax, organizational and
other laws that (i) govern the business of
the Fund in respect of the Portfolio (except
those that govern investment of the
Portfolio's assets), (ii) regulate the
offering of the Portfolio's shares and
(iii) provide for the taxation of the
Portfolio;
(3) provide the shareholders of the Portfolio
with such information regarding the operation
and affairs of the Portfolio, and their
investment in its shares, as they or the Fund
may reasonably request;
(4) assist the Portfolio to conduct meetings of
its shareholders if and when called by the
board of trustees of the Fund;
(5) furnish such information as the board of
trustees of the Fund may require regarding
any investment company in whose shares the
Portfolio may invest; and
(6) provide such other administrative services
for the benefit of the Portfolio as the board
of trustees may reasonably request.
B. In carrying out its responsibilities under Section
A herein, to the extent XXX xxxxx necessary or desirable and at
the expense of the Portfolio, XXX shall be entitled to consult
with, and obtain the assistance of, the persons described in
Section A, paragraph (1) herein who provide services to the Fund.
X. XXX, at its own expense, shall provide the Fund
with such office facilities and equipment as may be necessary to
conduct the administrative affairs of the Fund in respect of the
Portfolio.
3. Expenses of the Fund. It is understood that the
Portfolio will pay all of its own expenses incurred to conduct
its administrative affairs.
4. Compensation of XXX. For the services to be
rendered by XXX as provided in Section 2 of this Agreement, the
Portfolio shall pay to XXX, at the end of each month, a fee equal
to one-twelfth of 0.02 percent of the average daily net assets of
the Portfolio during the month. If this Agreement is terminated
prior to the end of any month, the fee for such month shall be
prorated.
5. Activities of XXX. The services of XXX to the
Fund or in respect of the Portfolio are not to be deemed
exclusive, and XXX shall be free to render similar services to
others as long as its services to the Fund or in respect of the
Portfolio are not impaired thereby.
6. Liability of XXX. No provision of this Agreement
shall be deemed to protect XXX against any liability to the Fund
or its shareholders to which it might otherwise be subject by
reason of willful misfeasance, bad faith or gross negligence in
the performance of its duties or the reckless disregard of its
obligations under this Agreement.
7. Duration and Termination.
A. This Agreement shall become effective on the date
written below, provided that prior to such date it shall have
been approved by the board of trustees of the Fund, and shall
continue in effect until terminated by the Fund or XXX on 60
days' written notice to the other.
B. Any notice under this Agreement shall be given in
writing addressed and delivered, or mailed post-paid, to the
other party at the principal business office of such party.
8. Severability. If any provision of this Agreement
shall be held or made invalid by a court decision, statute, rule
or otherwise, the remainder of this Agreement shall not be
affected thereby.
9. Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of
Delaware.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and effective on the 19th day of
February, 1997.
XXXXXX MUTUAL FUND KIEWIT INVESTMENT MANAGEMENT
CORP.
By:/s/ Xxx X. XxXxxxxxx By:/s/ Xxx X. XxXxxxxxx
Chairman, President President
and Trustee
