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EXHIBIT 9(J)
AMENDMENT NO. 3 TO SPECIAL MANAGEMENT SERVICES AGREEMENT
This Amendment No. 3, dated as of the 1st day of April, 1993, is
entered into among PACIFIC HORIZON FUNDS, INC. (the "Company"), a Maryland
corporation, Concord Holding Corporation, a Delaware corporation ("Concord"),
and Bank of America National Trust and Savings Association (the "Bank").
WHEREAS, the Company, Concord and the Bank have entered into a Special
Management Services Agreement dated as of April 22, 1992 as amended by
Amendment No. 1 dated as of March 1, 1993 and Amendment No. 2 dated as of March
1, 1993 (the "Services Agreement"), pursuant to which the Company appointed
Concord and the Bank to provide special services for the benefit of the series
of shares known as "Pacific Horizon Shares" in its Prime Fund, Treasury Fund,
California Tax-Exempt Money Market Fund, Pacific Horizon Tax-Exempt Money
Market Fund, Government Fund, Treasury Only Fund and Prime Value Fund; and
WHEREAS, the Company has notified Concord and the Bank that it has
established a series of "Pacific Horizon Shares" in its Horizon Tax-Exempt
Money Fund and that it desires to retain Concord and the Bank to provide the
aforesaid special services for the "Pacific Horizon Shares" of the Horizon
Tax-Exempt Money Fund (the "Fund"), and Concord and the Bank have notified the
Company that they are willing to provide such services;
NOW THEREFORE, the parties hereto, intending to be legally bound,
hereby agree as follows:
1. APPOINTMENT. The Company hereby appoints Concord and the Bank
to provide the services described in the Services Agreement for the Pacific
Horizon Shares of the Horizon Tax-Exempt Money Fund for the period and on the
terms set forth in the Services Agreement. Concord and the Bank hereby accept
such appointment and agree to perform the services and duties set forth in the
Services Agreement, for the compensation herein provided.
2. COMPENSATION. For the services provided and the expenses
assumed pursuant to the Services Agreement with respect to the Horizon
Tax-Exempt Money Fund, the Company will pay Concord and the Bank a fee,
computed daily and paid monthly, at the annual rate of .32% of the average net
asset value of the Pacific Horizon Shares of the Fund that are outstanding from
time to time. Concord and the Bank hereby agree to waive such portion of the
fee payable to them hereunder as is necessary to assure that the amount of such
fee which is required to be accrued by the Company on any day with respect to
the Pacific Horizon Shares
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of the Fund does not exceed the income to be accrued to such Pacific Horizon
Shares on that day.
3. MISCELLANEOUS. Except to the extent amended hereby, the
Services Agreement shall remain unchanged and in full force and effect and is
hereby ratified and confirmed in all respects as amended hereby.
IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 3
as of the date and year first above written.
PACIFIC HORIZON FUNDS, INC.
By:/s/ Xxxxxxx X. Xxxxxxx
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Executive Vice President
CONCORD HOLDING CORPORATION
By:/s/ Xxxxxxx X. Xxxxxxx
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President
BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION
By:/s/ Xxxxx XxXxxxx-Xxxxxx
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Senior Vice President
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