AMENDMENT TO ACCOUNTING SERVICES AGREEMENT
This Agreement, dated as of the _____ day of May , 1998, made by and
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between The Xxxxxxx Plan, a Delaware Business Trust (the "Trust") operating as a
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registered investment company under the Investment Company Act of 1940, as
amended (the "Act"), duly organized and existing under the laws of the State of
Delaware and FPS Services, Inc. ("FPS"), a corporation duly organized and
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existing under the laws of the State of Delaware (collectively, the "Parties").
WITNESSETH THAT:
WHEREAS, the Trust and Fund/Plan have entered into an agreement dated
January 19, 1994, which became effective February 23, 1994, wherein FPS
(formerly Fund/Plan Services, Inc.) has agreed to serve as Accounting Services
Agent to provide certain accounting services to the Trust ("Accounting Services
Agreement"); and
WHEREAS, the Parties wish to amend the Accounting Services Agreement to
reflect the creation of an additional series for the Trust; and
NOW, THEREFORE, in consideration of the premises and mutual covenants
contained herein, the Parties hereto, intending to be legally bound, do hereby
agree:
1. To amend Schedule "C" to the Accounting Services Agreement in the form
attached hereto as Schedule "C" to reflect the addition of The Xxxxxxx
Plan Variable Series.
2. This Amendment's Effective Date shall be May 1, 1998.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement
consisting of one type written page, together with Schedule "C", to be signed by
their duly authorized officers and their corporate seals hereunto duly affixed
as of the day and year first above written.
THE XXXXXXX PLAN FPS SERVICES, INC.
_______________________________ _______________________________
By: Xxxxxx X. Ally, Chairman By: Xxxxxxx X. Xxxxx, President
_______________________________ _________________________________
Attest: Xxxxxx X. Xxxxxxxxxx, Secretary Attest: Xxxxx X. Xxxxx, Secretary
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Amendment to Accounting Services Agreement between The Xxxxxxx Plan and FPS
Services, Inc.
Page 1
SCHEDULE "C"
IDENTIFICATION OF SERIES
Below are listed the "Series and Classes" to which services under this Agreement
are to be performed as of the execution date of this Agreement:
"The Xxxxxxx Plan - Class A"
"The Xxxxxxx Plan - Class B"
"The Xxxxxxx Plan Variable Series
This Schedule "C" may be amended from time to time by agreement of the Parties.
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Amendment to Accounting Services Agreement between The Xxxxxxx Plan and FPS
Services, Inc.
Schedule "C"; Page 1