MUTUAL OF AMERICA
Exhibit 99.8(c)(ii)
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MUTUAL OF AMERICA |
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CAPITAL MANAGEMENT |
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MUTUAL OF AMERICA |
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CAPITAL MANAGEMENT CORPORATION |
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▇▇▇ ▇▇▇ ▇▇▇▇ FAX |
December 30, ▇▇▇▇
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Attention: ▇▇▇▇ Greed, Chairman, President and CEO
RE: Agreement to Pay Operating Expenses dated as of April 1, 2002 (“Agreement”)
· Notice of cancellation
· Amendment to Section 5
Dear Mr. Greed:
As of April 1, 2002, Mutual of America Capital Management Corporation (“Adviser”) entered into the Agreement, which formally documented the Adviser’s commitment to limit the expenses of Mutual of America Institutional Funds (the “Investment Company”) other than for advisory fees, extraordinary expenses and portfolio transaction costs so that such expenses on an annual basis will be equal to 0%. The Agreement automatically renews for one year periods from year to year unless either party provides written notice of cancellation as set forth therein. Section 5 of the Agreement permits the Adviser to cancel the Agreement upon written notice given between December 16 and December 30, effective the following January 1st.
The Adviser sought to cancel the Agreement effective January 1, 2010, but after discussion with Fund management, the Adviser and this Fund have agreed to extend the date for written notice of cancellation delivered to Mutual of America Institutional Funds to the close of business April 30, 2010. The Adviser and the Investment Company agree to modify the Agreement, effective immediately, by adding the following sentence to the end of Section 5 of the Agreement:
“If the Adviser delivers to the Investment Company written notice of cancellation between December 16, 2009 and December 30, 2009, the Agreement shall terminate as of close of business April 30, 2010.”
This letter constitutes written notice of the cancellation of the Agreement.
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MUTUAL OF AMERICA CAPITAL MANAGEMENT CORPORATION |
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A SUBSIDIARY OF MUTUAL OF AMERICA LIFE INSURANCE COMPANY |
Very truly yours,
Mutual of America Capital Management Corporation
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by: |
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Chairman and Chief Executive Officer |
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By signing below, Mutual of America Institutional Funds accepts and agrees to the amendment to Section 5 of the Agreement to Pay Operating Expenses effective as of April 1, 2002 set forth in the foregoing letter.
Mutual of America Institutional Funds
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by: |
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Date: |
12/30/09 |
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▇▇▇▇ ▇. Greed |
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Chairman, President and Chief Executive Officer |
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