FULFILLMENT SERVICING AGREEMENT
This Agreement between Firstar Trust Company ("FTC") and T. O. Xxxxxxxxxx Trust
(the "Trust") is entered into on this ____day of ___________ 1998.
WHEREAS, the Trust provides investment opportunities to prospective shareholders
through a family of open end mutual funds; and
WHEREAS, FTC provides fulfillment services to mutual funds;
NOW, THEREFORE, the parties agree as follows:
Duties and Responsibilities of FTC
1. Answer all prospective shareholder calls concerning any of the Trust's
funds listed in the attached Schedule A which may be modified from time
to time.
2. Send all available fund(s) materials requested by the prospect which
may include the prospectus, SAI and other material within 24 hours from
time of call.
3. Receive and update all the Trust fulfillment literature so that most
current information is sent and quoted.
4. Provide 24 hour answering service to record prospect calls made after
hours (7 p.m. to 8 a.m. CT).
5. Maintain and store the Trust fulfillment inventory.
6. Send periodic fulfillment reports to the Trust as agreed upon between the
parties.
Duties and Responsibilities of the Trust
1. Provide the Trust fulfillment literature updates to FTC as necessary.
2. Supply FTC with sufficient inventory of fulfillment materials as
requested from time to time by FTC.
3. Provide FTC with any sundry information about the Trust in order to
answer prospect questions.
Compensation
The Trust agrees to compensate FTC for the services performed under this
agreement in accordance with the attached Schedule B; the Trust agrees to pay
all invoices within ten days of receipt.
Proprietary and Confidential Information
FTC agrees on behalf of itself and its directors, officers, and employees to
treat as confidential and as proprietary information of the Trust all records
and other information relative to the Trust and prior, present, or potential
shareholders of the Trust (and clients of said shareholders), not to use such
records and information for any purpose other than performance of its
responsibilities and duties hereunder, except after prior notification to and
approval in writing by the Trust, which approval shall not be unreasonably
withheld and may not be withheld when FTC may be exposed to civil or criminal
contempt proceedings for failure to comply, when requested to divulge such
information by duly constituted authorities, or when so requested by the Trust.
Termination
This agreement may be terminated by either party upon 30 days written notice.
Dated this __________ day of ___________1998
FIRSTAR TRUST COMPANY T. O. XXXXXXXXXX TRUST
By: ____________________________ By: ___________________________
Attest: _________________________ Attest: _________________________
