FORM OF
RETIREMENT PLAN CUSTODIAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the 26th day of June, 1997, by and
between INVESTOR SERVICE CENTER, INC., a Delaware corporation ("Company"), and
INVESTORS FIDUCIARY TRUST COMPANY, a Missouri trust company ("IFTC").
WHEREAS, Company desires to name a custodial trustee without discretionary trust
powers and/or a custodian (in either or both capacities a "Custodian") for
individual retirement accounts, simplified employee pension plans, 403(b)(7)
custodial accounts, savings incentive match plans for employees of small
employers and defined contribution retirement plans (whether or not "qualified"
under the Internal Revenue Code of 1986, as amended ("Code"), and whether or not
subject to the Employee Retirement Income Security Act of 1974 ("ERISA")) (all
such accounts and plans are herein referred to collectively as "Plans") which
Company sponsors, or may hereafter sponsor, for participants to invest solely in
shares of the registered investment companies for which Company provides
distribution and shareholder services (the "Funds"); and
WHEREAS, IFTC is willing to serve as Custodian with respect to Plans approved by
IFTC, but only on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. IFTC shall serve as Custodian for Plans sponsored by the Company which IFTC
approves as hereinafter provided. Company and IFTC agree to evidence their
agreement for IFTC to act as such with respect to each Plan approved by IFTC by
executing a Retirement Plan Custodial Services Confirmation substantially in the
form attached hereto as Exhibit A ("Confirmation"), and each party agrees to
execute such further documents evidencing such agreement as may be reasonably
requested by either party from time to time. As to each Plan, the "Effective
Date" for purposes hereof shall be the date specified as such in the
Confirmation for such Plan. IFTC certifies that it is qualified to act as
Custodian for the Plans under the requirements of the Code.
2. No Plan shall provide for IFTC to serve as Custodian for any assets
whatsoever other than shares of the Funds. In no event shall any Plan provide
for IFTC (i) to have or exercise any discretionary authority or discretionary
control whatsoever respecting management of the Plan or any authority or control
respecting management or disposition of any assets of the Plan; (ii) to render
or have authority or responsibility to render investment advice with respect to
any moneys or other property of any Plan; or (iii) to have or exercise any
discretionary authority or discretionary responsibility in the administration of
any Plan. No Plan shall provide for IFTC to be, and in no event shall IFTC be
deemed to be, a "fiduciary" as defined in ERISA.
3. IFTC shall serve as Custodian with respect to shares of each Fund only during
such period of time as such Fund maintains its shareholder accounts and records
on the computerized mutual fund recordkeeping system of DST Systems, Inc. (the
"System"). IFTC shall at all times have full access to and use of all accounts
and records relating to accounts on which IFTC is named custodian or trustee and
which are maintained on the System for purposes of performing its duties and
obligations as such custodian or trustee. In addition, IFTC, its auditors and
accountants, and to the extent required by law its regulatory authorities, shall
have full access at all times to all such accounts and records for purposes of
audit, examination, and testing and verifying compliance with the terms of the
Plans and any other applicable governing documents, all applicable requirements
of law and all applicable accounting
standards. Company hereby irrevocably authorizes and instructs DST Systems, Inc.
to provide such access to IFTC and to permit IFTC to make use of such accounts
and records upon demand. The Company irrevocably acknowledges and agrees that
IFTC may appoint agents and subcontractors with respect to servicing such
accounts. The provisions of this paragraph shall continue after the termination
of System and other services provided by DST Systems, Inc. to the Funds for so
long as such access to and use of such accounts and records may be reasonably
required by IFTC. Further, Company shall deliver to IFTC a Consent and
Authorization from each Fund substantially in the form attached hereto as
Exhibit B. IFTC's agreement to serve as Custodian hereunder shall not be
effective as to any Fund until IFTC has received such Consent and Authorization
executed by such Fund.
4. Company shall submit to IFTC for approval all Plans for which Company wishes
for IFTC to serve as Custodian, including any and all related application forms,
adoption agreements, transfer request forms, disclosure statements, Plan
loan-related documents, beneficiary designation forms and any other Plan-related
documents ("Plan Documents"), and any and all amendments, modifications and
supplements thereto which Company may propose to use from time to time. IFTC
shall not become the Custodian of any Plan unless and until it has approved the
applicable Plan Documents in writing as evidenced by its execution of the
Confirmation referencing the same, and IFTC shall not be deemed to have accepted
and agreed to any subsequent amendment, modification or supplement to any Plan
Document unless and until it has approved the same in writing. IFTC's review and
approval of all Plan Documents and any and all amendments, modifications and
supplements thereto is solely for IFTC's benefit, and Company shall bear full
responsibility for the form and content thereof and compliance with all
applicable laws, rules and regulations, as amended from time to time. Company
shall be responsible for acquiring, at Company's sole expense, Internal Revenue
Service determination letters ("IRS Letters") with respect to all Plans for
which such determination letters are required by the Code and shall promptly
provide IFTC copies thereof.
5. Company shall be solely responsible for all costs and expenses (i) of
preparing, printing and distributing all Plan Documents and amendments,
modifications and supplements thereto, including but not limited to costs and
expenses necessary in order to comply with new or amended laws, rules and
regulations, or (ii) related to or arising from any merger, reorganization,
dissolution, termination or other organizational change involving any Plan, any
Fund or Company.
6. With respect to all existing and future Plans (if any) in existence with
enrolled participants prior to the Effective Date with respect thereto
(including but not limited to Plans associated with any investment companies
hereafter acquired):
i. Company, at its sole expense, shall in a timely manner obtain the removal or
resignation of any prior trustee or custodian, modify and amend Plan Documents
as necessary to name IFTC as Custodian and give all notices, obtain all
approvals and take such other steps as may be required in connection therewith
under the Plan Documents and applicable laws, rules and regulations.
ii. Except as provided in the next paragraph, Company, at its sole expense,
shall cause to be prepared, mailed, distributed and filed all tax reports,
information returns and other documents required by the Code with respect to
Plan accounts ("Returns"), and shall cause to be withheld and paid all taxes
relating to such accounts, with respect to the portion of the calendar year
during which the Effective Date occurs which is prior thereto.
iii. Provided that IFTC consents to do so in writing, IFTC shall cause to be
prepared, mailed, distributed and filed all Returns for the calendar year in
which the Effective Date occurs; provided, however, that Company shall provide
or cause to be provided to IFTC all necessary information with respect to the
portion of such year prior to the Effective Date. IFTC shall be entitled to rely
on the accuracy and completeness of such information with no duty to investigate
or verify the same, and Company shall indemnify and hold harmless IFTC from and
against, any and all losses, liabilities, claims, demands, actions, suits and
expenses (including reasonable attorneys fees and penalties and other sums
assessed by any federal, state or local governmental agency including the
Internal Revenue Service and the United States Department of Labor ("Government
Authority")) arising out of or resulting from any error, omission, inaccuracy or
other deficiency therein. Company, at its sole expense, shall cause to be
withheld and paid all taxes relating to such accounts with respect to the
portion of the calendar year during which the Effective Date occurs which is
prior thereto.
iv. If and to the extent necessary to permit performance of all duties and
obligations of the Custodian, Company, at its sole expense, shall transfer or
cause to be transferred onto the System to the maximum extent possible, and
shall otherwise deliver or cause to be delivered to the transfer agent or other
agent(s) which will perform shareholder account recordkeeping and servicing
functions with respect to Plan accounts after the Effective Date, all relevant
records previously maintained with respect to the accounts of participants in
such Plans.
v. IFTC shall have no responsibility for, and Company shall, except to the
extent (if any) prohibited by ERISA, indemnify and hold harmless IFTC from and
against, any and all losses, liabilities, claims, demands, actions, suits and
expenses (including reasonable attorneys fees and penalties and other sums
assessed by any Government Authority) arising out of or resulting from (a) any
acts, omissions or errors of any previous trustee or custodian, including but
not limited to its failure to file or mail any Returns, withhold or pay any
taxes, or file any schedules or other required information, (b) any error,
omission, inaccuracy or other deficiency in the Plan participant account records
or other relevant records created and maintained prior to the Effective Date, or
(c) costs and expenses of enforcing Company's obligations and agreements
hereunder.
7. As compensation for its services as Custodian as provided for in this
Agreement, the Company agrees that IFTC shall be paid the fees set forth in
Exhibit C attached hereto, as the same may be amended from time to time by
mutual agreement of the parties.
8. Subject to any longer notice periods required by the Plan Documents, Company
may remove IFTC, and IFTC may resign, as Custodian of any or all the Plans by
providing sixty (60) days written notice to the other party. In the event of
such removal or resignation, Company, at its sole expense, shall in a timely
manner appoint a successor trustee or custodian, modify and amend Plan Documents
as necessary to delete all references to IFTC, and give all notices, obtain all
approvals and take such other steps as may be required in connection therewith
under the Plan Documents and applicable laws, rules and regulations.
9. Except to the extent (if any) prohibited by ERISA, and except to the extent
resulting from the negligence or willful misconduct of IFTC, Company shall
indemnify and hold harmless IFTC from and against any and all losses,
liabilities, claims, demands, actions, suits and expenses whatsoever (including
reasonable attorneys fees, penalties and other sums assessed by any Government
Authority, and all costs and expenses of enforcing Company's
obligations and agreements hereunder) arising out of, resulting from or in
connection with (i) the Plans and Plan Documents, (ii) the appointment of and
service by IFTC as Custodian therefor, (iii) any acts, omissions or errors of
any successor trustee or custodian (including but not limited to its failure to
file or mail any Returns, reports, schedules or other required documentation, or
withhold or pay any taxes) or of any Plan administrator, co-trustee or other
fiduciary, (iv) any instructions given by or on behalf of the Fund, or any
policies, procedures or practices adopted or followed by any Fund, the Company
or the Funds' transfer or other shareholder servicing agent(s) (other than
IFTC), with respect to shareholder account recordkeeping and servicing which
impacts Plan accounts, or (v) the failure of Company to perform any of its
obligations hereunder.
10. This Agreement shall be construed according to, and the rights and
liabilities of the parties hereto shall be governed by, the laws of the State of
Missouri, without reference to the conflicts of laws principles thereof.
11. All terms and provisions of this Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties hereto and their respective
successors and permitted assigns. This Agreement may not be assigned by either
party without the prior written consent of the other.
12. The provisions for indemnification extended hereunder are intended to and
shall continue after and survive the expiration, termination or cancellation of
this Agreement. All rights and remedies of each party hereunder shall be
cumulative of all other rights and remedies which may be available to such
party.
13. No provisions of the Agreement may be amended or modified in any manner
except by a written agreement properly authorized and executed by each party
hereto.
14. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute one and
the same instrument.
15. If any provision of this Agreement shall be determined to be invalid or
unenforceable, the remaining provisions of this Agreement shall not be affected
thereby, and every provision of this Agreement shall remain in full force and
effect and shall remain enforceable to the fullest extent permitted by
applicable law.
16. Neither the execution nor performance of this Agreement shall be deemed to
create a partnership or joint venture by and between Company and IFTC.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year first above written by their respective duly authorized
officers.
INVESTORS FIDUCIARY TRUST COMPANY
By:
Name:
Title:
INVESTOR SERVICE CENTER, INC.
By:
Name:
Title:
EXHIBIT A
RETIREMENT PLAN CUSTODIAL SERVICES CONFIRMATION
This confirms that INVESTOR SERVICE CENTER, INC. ("Company") has designated, and
hereby designates, INVESTORS FIDUCIARY TRUST COMPANY, a Missouri trust company
with offices at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ("IFTC"), as
custodial trustee without discretionary trust powers and custodian under the
individual retirement account/simplified employee pension/403(b)(7) custodial
account/savings incentive match plans for employees of small employers/defined
contribution retirement plan(s) ("Plans") sponsored by Company, which are
created and governed by Plan documents as presently in effect and as may be
amended from time to time:
Investor Service Center, Inc. ▇▇▇ Information Kit
Investor Service Center 403(b)(7) Account
Bull & Bear Qualified Retirement Plan (Basic Plan Document 03)
Bull & Bear Qualified Retirement Plan Supplemental Trust/Custody Agreement
IFTC has accepted, and hereby accepts, such appointment and certifies that it is
qualified to act as such custodial trustee without discretionary trust powers
and custodian under the applicable provisions of the Internal Revenue Code of
1986, as amended.
This agreement is made under and subject to the terms of that certain Retirement
Plan Custodial Services Agreement by and between Company and IFTC dated as of
June 26th, 1997 (the "Agreement"), which is hereby incorporated herein by
reference.
The Effective Date of this agreement for purposes of the Agreement shall be June
26, 1997.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed by
their respective duly authorized officers.
INVESTORS FIDUCIARY TRUST COMPANY
By:
Name:
Title:
INVESTOR SERVICE CENTER, INC.
By:
Name:
Title:
EXHIBIT B
CONSENT AND AUTHORIZATION
In consideration of Investors Fiduciary Trust Company ("IFTC") serving as
custodian and/or custodial trustee for the Accounts (as hereinafter defined),
the undersigned registered investment company(ies) agree(s) that IFTC shall at
all times have full access to and use of all accounts and records relating to
Accounts which are maintained on the computerized mutual fund shareholder
recordkeeping system of DST Systems, Inc. (the "System") for purposes of
performing its duties and obligations as such custodian and/or custodial
trustee. In addition, IFTC, its auditors and accountants, and to the extent
required by law its regulatory authorities, shall have full access at all times
to all such accounts and records for purposes of audit, examination, and testing
and verifying compliance with all applicable requirements of law, all applicable
accounting standards, and the terms of the retirement plan documents, trust and
custody agreements and other applicable governing documents relating to the
Accounts.
DST Systems, Inc. is hereby authorized and instructed to provide such access
to IFTC and to permit IFTC to make use of such accounts and records upon
demand. The undersigned acknowledge(s) and agree(s) that DST Systems, Inc.
may serve as agent and sub-contractor of IFTC with respect to the Accounts.
The provisions of this Consent and Authorization shall continue after the
termination of System and other services provided by DST Systems, Inc. to the
undersigned for so long as such access to and use of such accounts and records
may be reasonably required by IFTC.
The term "Accounts" shall mean all individual retirement accounts, simplified
employee pension plan accounts, 403(b)(7) custodial accounts, ▇▇▇▇▇ accounts,
defined contribution retirement plan accounts and other accounts of any type for
which IFTC may from time to time be named as custodian or trustee which contain
shares issued by the undersigned investment company(ies).
This Consent and Authorization is irrevocable in every respect, shall be binding
upon the undersigned and its (their) successors and assigns and shall inure to
the benefit of IFTC and DST Systems, Inc. and their respective successors and
assigns.
BULL & BEAR FUNDS I, INC.
By:
Name:
Title:
EXHIBIT B
CONSENT AND AUTHORIZATION
In consideration of Investors Fiduciary Trust Company ("IFTC") serving as
custodian and/or custodial trustee for the Accounts (as hereinafter defined),
the undersigned registered investment company(ies) agree(s) that IFTC shall at
all times have full access to and use of all accounts and records relating to
Accounts which are maintained on the computerized mutual fund shareholder
recordkeeping system of DST Systems, Inc. (the "System") for purposes of
performing its duties and obligations as such custodian and/or custodial
trustee. In addition, IFTC, its auditors and accountants, and to the extent
required by law its regulatory authorities, shall have full access at all times
to all such accounts and records for purposes of audit, examination, and testing
and verifying compliance with all applicable requirements of law, all applicable
accounting standards, and the terms of the retirement plan documents, trust and
custody agreements and other applicable governing documents relating to the
Accounts.
DST Systems, Inc. is hereby authorized and instructed to provide such access
to IFTC and to permit IFTC to make use of such accounts and records upon
demand. The undersigned acknowledge(s) and agree(s) that DST Systems, Inc.
may serve as agent and sub-contractor of IFTC with respect to the Accounts.
The provisions of this Consent and Authorization shall continue after the
termination of System and other services provided by DST Systems, Inc. to the
undersigned for so long as such access to and use of such accounts and records
may be reasonably required by IFTC.
The term "Accounts" shall mean all individual retirement accounts, simplified
employee pension plan accounts, 403(b)(7) custodial accounts, ▇▇▇▇▇ accounts,
defined contribution retirement plan accounts and other accounts of any type for
which IFTC may from time to time be named as custodian or trustee which contain
shares issued by the undersigned investment company(ies).
This Consent and Authorization is irrevocable in every respect, shall be binding
upon the undersigned and its (their) successors and assigns and shall inure to
the benefit of IFTC and DST Systems, Inc. and their respective successors and
assigns.
BULL & BEAR FUNDS II, INC.
By:
Name:
Title:
EXHIBIT B
CONSENT AND AUTHORIZATION
In consideration of Investors Fiduciary Trust Company ("IFTC") serving as
custodian and/or custodial trustee for the Accounts (as hereinafter defined),
the undersigned registered investment company(ies) agree(s) that IFTC shall at
all times have full access to and use of all accounts and records relating to
Accounts which are maintained on the computerized mutual fund shareholder
recordkeeping system of DST Systems, Inc. (the "System") for purposes of
performing its duties and obligations as such custodian and/or custodial
trustee. In addition, IFTC, its auditors and accountants, and to the extent
required by law its regulatory authorities, shall have full access at all times
to all such accounts and records for purposes of audit, examination, and testing
and verifying compliance with all applicable requirements of law, all applicable
accounting standards, and the terms of the retirement plan documents, trust and
custody agreements and other applicable governing documents relating to the
Accounts.
DST Systems, Inc. is hereby authorized and instructed to provide such access
to IFTC and to permit IFTC to make use of such accounts and records upon
demand. The undersigned acknowledge(s) and agree(s) that DST Systems, Inc.
may serve as agent and sub-contractor of IFTC with respect to the Accounts.
The provisions of this Consent and Authorization shall continue after the
termination of System and other services provided by DST Systems, Inc. to the
undersigned for so long as such access to and use of such accounts and records
may be reasonably required by IFTC.
The term "Accounts" shall mean all individual retirement accounts, simplified
employee pension plan accounts, 403(b)(7) custodial accounts, ▇▇▇▇▇ accounts,
defined contribution retirement plan accounts and other accounts of any type for
which IFTC may from time to time be named as custodian or trustee which contain
shares issued by the undersigned investment company(ies).
This Consent and Authorization is irrevocable in every respect, shall be binding
upon the undersigned and its (their) successors and assigns and shall inure to
the benefit of IFTC and DST Systems, Inc. and their respective successors and
assigns.
BULL & BEAR GLOBAL INCOME FUND, INC.
By:
Name:
Title:
EXHIBIT B
CONSENT AND AUTHORIZATION
In consideration of Investors Fiduciary Trust Company ("IFTC") serving as
custodian and/or custodial trustee for the Accounts (as hereinafter defined),
the undersigned registered investment company(ies) agree(s) that IFTC shall at
all times have full access to and use of all accounts and records relating to
Accounts which are maintained on the computerized mutual fund shareholder
recordkeeping system of DST Systems, Inc. (the "System") for purposes of
performing its duties and obligations as such custodian and/or custodial
trustee. In addition, IFTC, its auditors and accountants, and to the extent
required by law its regulatory authorities, shall have full access at all times
to all such accounts and records for purposes of audit, examination, and testing
and verifying compliance with all applicable requirements of law, all applicable
accounting standards, and the terms of the retirement plan documents, trust and
custody agreements and other applicable governing documents relating to the
Accounts.
DST Systems, Inc. is hereby authorized and instructed to provide such access
to IFTC and to permit IFTC to make use of such accounts and records upon
demand. The undersigned acknowledge(s) and agree(s) that DST Systems, Inc.
may serve as agent and sub-contractor of IFTC with respect to the Accounts.
The provisions of this Consent and Authorization shall continue after the
termination of System and other services provided by DST Systems, Inc. to the
undersigned for so long as such access to and use of such accounts and records
may be reasonably required by IFTC.
The term "Accounts" shall mean all individual retirement accounts, simplified
employee pension plan accounts, 403(b)(7) custodial accounts, ▇▇▇▇▇ accounts,
defined contribution retirement plan accounts and other accounts of any type for
which IFTC may from time to time be named as custodian or trustee which contain
shares issued by the undersigned investment company(ies).
This Consent and Authorization is irrevocable in every respect, shall be binding
upon the undersigned and its (their) successors and assigns and shall inure to
the benefit of IFTC and DST Systems, Inc. and their respective successors and
assigns.
BULL & BEAR U.S. GOVERNMENT SECURITIES FUND, INC.
By:
Name:
Title:
EXHIBIT B
CONSENT AND AUTHORIZATION
In consideration of Investors Fiduciary Trust Company ("IFTC") serving as
custodian and/or custodial trustee for the Accounts (as hereinafter defined),
the undersigned registered investment company(ies) agree(s) that IFTC shall at
all times have full access to and use of all accounts and records relating to
Accounts which are maintained on the computerized mutual fund shareholder
recordkeeping system of DST Systems, Inc. (the "System") for purposes of
performing its duties and obligations as such custodian and/or custodial
trustee. In addition, IFTC, its auditors and accountants, and to the extent
required by law its regulatory authorities, shall have full access at all times
to all such accounts and records for purposes of audit, examination, and testing
and verifying compliance with all applicable requirements of law, all applicable
accounting standards, and the terms of the retirement plan documents, trust and
custody agreements and other applicable governing documents relating to the
Accounts.
DST Systems, Inc. is hereby authorized and instructed to provide such access
to IFTC and to permit IFTC to make use of such accounts and records upon
demand. The undersigned acknowledge(s) and agree(s) that DST Systems, Inc.
may serve as agent and sub-contractor of IFTC with respect to the Accounts.
The provisions of this Consent and Authorization shall continue after the
termination of System and other services provided by DST Systems, Inc. to the
undersigned for so long as such access to and use of such accounts and records
may be reasonably required by IFTC.
The term "Accounts" shall mean all individual retirement accounts, simplified
employee pension plan accounts, 403(b)(7) custodial accounts, ▇▇▇▇▇ accounts,
defined contribution retirement plan accounts and other accounts of any type for
which IFTC may from time to time be named as custodian or trustee which contain
shares issued by the undersigned investment company(ies).
This Consent and Authorization is irrevocable in every respect, shall be binding
upon the undersigned and its (their) successors and assigns and shall inure to
the benefit of IFTC and DST Systems, Inc. and their respective successors and
assigns.
BULL & BEAR SPECIAL EQUITIES FUND, INC.
By:
Name:
Title:
EXHIBIT B
CONSENT AND AUTHORIZATION
In consideration of Investors Fiduciary Trust Company ("IFTC") serving as
custodian and/or custodial trustee for the Accounts (as hereinafter defined),
the undersigned registered investment company(ies) agree(s) that IFTC shall at
all times have full access to and use of all accounts and records relating to
Accounts which are maintained on the computerized mutual fund shareholder
recordkeeping system of DST Systems, Inc. (the "System") for purposes of
performing its duties and obligations as such custodian and/or custodial
trustee. In addition, IFTC, its auditors and accountants, and to the extent
required by law its regulatory authorities, shall have full access at all times
to all such accounts and records for purposes of audit, examination, and testing
and verifying compliance with all applicable requirements of law, all applicable
accounting standards, and the terms of the retirement plan documents, trust and
custody agreements and other applicable governing documents relating to the
Accounts.
DST Systems, Inc. is hereby authorized and instructed to provide such access
to IFTC and to permit IFTC to make use of such accounts and records upon
demand. The undersigned acknowledge(s) and agree(s) that DST Systems, Inc.
may serve as agent and sub-contractor of IFTC with respect to the Accounts.
The provisions of this Consent and Authorization shall continue after the
termination of System and other services provided by DST Systems, Inc. to the
undersigned for so long as such access to and use of such accounts and records
may be reasonably required by IFTC.
The term "Accounts" shall mean all individual retirement accounts, simplified
employee pension plan accounts, 403(b)(7) custodial accounts, ▇▇▇▇▇ accounts,
defined contribution retirement plan accounts and other accounts of any type for
which IFTC may from time to time be named as custodian or trustee which contain
shares issued by the undersigned investment company(ies).
This Consent and Authorization is irrevocable in every respect, shall be binding
upon the undersigned and its (their) successors and assigns and shall inure to
the benefit of IFTC and DST Systems, Inc. and their respective successors and
assigns.
BULL & BEAR GOLD INVESTORS LTD.
By:
Name:
Title:
EXHIBIT B
CONSENT AND AUTHORIZATION
In consideration of Investors Fiduciary Trust Company ("IFTC") serving as
custodian and/or custodial trustee for the Accounts (as hereinafter defined),
the undersigned registered investment company(ies) agree(s) that IFTC shall at
all times have full access to and use of all accounts and records relating to
Accounts which are maintained on the computerized mutual fund shareholder
recordkeeping system of DST Systems, Inc. (the "System") for purposes of
performing its duties and obligations as such custodian and/or custodial
trustee. In addition, IFTC, its auditors and accountants, and to the extent
required by law its regulatory authorities, shall have full access at all times
to all such accounts and records for purposes of audit, examination, and testing
and verifying compliance with all applicable requirements of law, all applicable
accounting standards, and the terms of the retirement plan documents, trust and
custody agreements and other applicable governing documents relating to the
Accounts.
DST Systems, Inc. is hereby authorized and instructed to provide such access
to IFTC and to permit IFTC to make use of such accounts and records upon
demand. The undersigned acknowledge(s) and agree(s) that DST Systems, Inc.
may serve as agent and sub-contractor of IFTC with respect to the Accounts.
The provisions of this Consent and Authorization shall continue after the
termination of System and other services provided by DST Systems, Inc. to the
undersigned for so long as such access to and use of such accounts and records
may be reasonably required by IFTC.
The term "Accounts" shall mean all individual retirement accounts, simplified
employee pension plan accounts, 403(b)(7) custodial accounts, ▇▇▇▇▇ accounts,
defined contribution retirement plan accounts and other accounts of any type for
which IFTC may from time to time be named as custodian or trustee which contain
shares issued by the undersigned investment company(ies).
This Consent and Authorization is irrevocable in every respect, shall be binding
upon the undersigned and its (their) successors and assigns and shall inure to
the benefit of IFTC and DST Systems, Inc. and their respective successors and
assigns.
BULL & BEAR MUNICIPAL INCOME FUND, INC.
By:
Name:
Title:
EXHIBIT B
CONSENT AND AUTHORIZATION
In consideration of Investors Fiduciary Trust Company ("IFTC") serving as
custodian and/or custodial trustee for the Accounts (as hereinafter defined),
the undersigned registered investment company(ies) agree(s) that IFTC shall at
all times have full access to and use of all accounts and records relating to
Accounts which are maintained on the computerized mutual fund shareholder
recordkeeping system of DST Systems, Inc. (the "System") for purposes of
performing its duties and obligations as such custodian and/or custodial
trustee. In addition, IFTC, its auditors and accountants, and to the extent
required by law its regulatory authorities, shall have full access at all times
to all such accounts and records for purposes of audit, examination, and testing
and verifying compliance with all applicable requirements of law, all applicable
accounting standards, and the terms of the retirement plan documents, trust and
custody agreements and other applicable governing documents relating to the
Accounts.
DST Systems, Inc. is hereby authorized and instructed to provide such access
to IFTC and to permit IFTC to make use of such accounts and records upon
demand. The undersigned acknowledge(s) and agree(s) that DST Systems, Inc.
may serve as agent and sub-contractor of IFTC with respect to the Accounts.
The provisions of this Consent and Authorization shall continue after the
termination of System and other services provided by DST Systems, Inc. to the
undersigned for so long as such access to and use of such accounts and records
may be reasonably required by IFTC.
The term "Accounts" shall mean all individual retirement accounts, simplified
employee pension plan accounts, 403(b)(7) custodial accounts, ▇▇▇▇▇ accounts,
defined contribution retirement plan accounts and other accounts of any type for
which IFTC may from time to time be named as custodian or trustee which contain
shares issued by the undersigned investment company(ies).
This Consent and Authorization is irrevocable in every respect, shall be binding
upon the undersigned and its (their) successors and assigns and shall inure to
the benefit of IFTC and DST Systems, Inc. and their respective successors and
assigns.
MIDAS FUND, INC.
By:
Name:
Title:
EXHIBIT B
CONSENT AND AUTHORIZATION
In consideration of Investors Fiduciary Trust Company ("IFTC") serving as
custodian and/or custodial trustee for the Accounts (as hereinafter defined),
the undersigned registered investment company(ies) agree(s) that IFTC shall at
all times have full access to and use of all accounts and records relating to
Accounts which are maintained on the computerized mutual fund shareholder
recordkeeping system of DST Systems, Inc. (the "System") for purposes of
performing its duties and obligations as such custodian and/or custodial
trustee. In addition, IFTC, its auditors and accountants, and to the extent
required by law its regulatory authorities, shall have full access at all times
to all such accounts and records for purposes of audit, examination, and testing
and verifying compliance with all applicable requirements of law, all applicable
accounting standards, and the terms of the retirement plan documents, trust and
custody agreements and other applicable governing documents relating to the
Accounts.
DST Systems, Inc. is hereby authorized and instructed to provide such access
to IFTC and to permit IFTC to make use of such accounts and records upon
demand. The undersigned acknowledge(s) and agree(s) that DST Systems, Inc.
may serve as agent and sub-contractor of IFTC with respect to the Accounts.
The provisions of this Consent and Authorization shall continue after the
termination of System and other services provided by DST Systems, Inc. to the
undersigned for so long as such access to and use of such accounts and records
may be reasonably required by IFTC.
The term "Accounts" shall mean all individual retirement accounts, simplified
employee pension plan accounts, 403(b)(7) custodial accounts, ▇▇▇▇▇ accounts,
defined contribution retirement plan accounts and other accounts of any type for
which IFTC may from time to time be named as custodian or trustee which contain
shares issued by the undersigned investment company(ies).
This Consent and Authorization is irrevocable in every respect, shall be binding
upon the undersigned and its (their) successors and assigns and shall inure to
the benefit of IFTC and DST Systems, Inc. and their respective successors and
assigns.
ROCKWOOD FUND, INC.
By:
Name:
Title:
EXHIBIT C
ANNUAL FEE SCHEDULE
IRAs (including SEP-IRAs): $1.00 per ▇▇▇ Plan
403(b)(7) Accounts: $1.00 per 403(b) Plan
Employer Defined Contribution Retirement Plans: $10.00 per Participant in the
Employer Plan
