EXHIBIT (g)(6)
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THE DLB FUND GROUP
Xxx Xxxxxxxx Xxxxx
Xxxxxxxxx, Xxxxxxxxxxxxx 00000
March 28, 2003
Investors Bank & Trust Company
000 Xxxxxxxxx Xxxxxx
Xxxxxx, XX 00000
Re: The Custodian Contract (as amended, the "Custodian Contract") between
the undersigned registered investment company (the "Trust") and the
undersigned custodian (the "Custodian")
Dear Sir or Madam:
As you know, Rule 17f-4 under the Investment Company Act of 1940 ("Rule
17f-4") has been amended, and such amendments will become effective on March 28,
2003. In order for the Trust to be in compliance with amended Rule 17f-4, we ask
that, as consideration for the continued ability of the Custodian to provide
custodial services for the Trust, the Custodian agree to the terms and
conditions below by having an authorized person execute this letter as indicated
and return an executed copy to me at the address above by March 28, 2003.
In addition to any other duties of the Custodian set forth in the Custodian
Contract, the Custodian agrees that, in connection with placing and maintaining
financial assets, corresponding to the Trust's security entitlements, with a
securities depository (as defined by amended Rule 17f-4) or intermediary
custodian:
1. The Custodian will, at a minimum, exercise due care in accordance with
reasonable commercial standards in discharging its duty as a securities
intermediary to obtain and thereafter maintain such financial assets;
provided, however, that if the Custodian Contract provides for a higher
standard of care with respect to such activities described above, that
higher standard of care will apply;
2. The Custodian shall provide, promptly upon request by the Trust, such
reports as are available concerning the internal accounting controls and
financial strength of the Custodian; and
3. The Custodian shall require any intermediary custodian at a minimum to
exercise due care in accordance with reasonable commercial standards in
discharging its duty as a securities intermediary to obtain and thereafter
maintain financial assets corresponding to the security entitlements of its
entitlement holders.
Except as set forth in the preceding paragraphs, the terms and provisions
of the Custodian Contract shall remain in full force and effect. Please note
that this letter shall be governed by and construed in accordance with the laws
of the same jurisdiction named in the Custodian Contract, if any. Terms not
defined herein have the meanings set forth in Rule 17f-4.
Very truly yours,
THE DLB FUND GROUP
By: /s/ XxXxxx X. Xxxxxx
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Name: Xxxxxx X. Xxxxxx
Title: Treasurer
Accepted and Agreed to as of March 28, 2003
INVESTORS BANK & TRUST COMPANY
By: /s/ Xxxxxx X. Xxxxxxx
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Name: Xxxxxx X. Xxxxxxx
Title: Senior Vice President
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