SUPPLEMENT TO CUSTODY AGREEMENT
February 9, 1999
Boston Safe Deposit and Trust Company
Xxx Xxxxxx Xxxxx
Xxxxxx, Xxxxxxxxxxxxx 00000
Ladies and Gentlemen:
ENDEAVOR SERIES TRUST, an unincorporated business trust organized under
the laws of the Commonwealth of Massachusetts (the "Trust"), hereby supplements
its agreement with BOSTON SAFE DEPOSIT AND TRUST COMPANY, a trust company
organized under the laws of the Commonwealth of Massachusetts (the "Custodian"),
as follows:
1. Compensation. Pursuant to Section 3(b) of the Custody Agreement
dated March 28, 1991 (the "Agreement"), the Trust and the Custodian hereby agree
that the Endeavor Janus Growth Portfolio (the "Portfolio"), a new portfolio
series of the Trust, created and designated in accordance with the Trust's
Agreement and Declaration of Trust, shall be, considered Portfolios of the Trust
under the terms of the Agreement, and that the Domestic and Global Fee Schedules
currently in effect, and as may be amended from time to time, under the
Agreement shall apply to the Portfolios, as of the date and year first written
above.
2. Limitation of Liability. The term "Endeavor Series Trust" means and
refers to the Trustees from time to time serving under the Agreement and
Declaration of Trust dated November 18, 1988, as the same may subsequently
thereto have been, or subsequently hereto be, amended. It is expressly agreed
that the obligations of the Trust hereunder shall not be binding upon any of the
Trustees, shareholders, nominees, officers, agents or employees of the Trust,
personally, but bind only the trust property of the Trust, as provided in the
Agreement and Declaration of Trust. The execution and delivery of this Agreement
have been authorized by the Trustees of the Trust and signed by an authorized
officer of the Trust, acting as such, and neither such authorization by such
Trustees nor such execution
-1-
and delivery by such officer shall be deemed to have been made by any of them
individually or to impose any liability on any of them personally, but shall
bind only the trust property of the Trust as provided in its Agreement and
Declaration of Trust.
If the foregoing is acceptable to you, kindly indicate your acceptance
by signing and returning the enclosed copy of this Supplement.
Very truly yours,
ENDEAVOR SERIES TRUST
By:/s/Xxxxxxx X. XxXxxxxxxx, Xx.
-----------------------------
Title: President
---------------------
Accepted and Agreed to:
BOSTON SAFE DEPOSIT AND TRUST COMPANY
By: /s/Xxxxx Xxxxx
------------------------
Title: Senior Vice President
-------------------------
-2-