0000894189-08-002136 Sample Contracts

FIRST ADDENDUM TO CUSTODY AGREEMENT Between FAIRHOLME FUNDS, INC. and
Custody Agreement • July 22nd, 2008 • Fairholme Funds Inc

By this First Addendum to the Custody Agreement (the “Agreement”) dated December 18, 2006, Fairholme Funds, Inc. (the “Company”) and U.S. Bank National Association (the “Custodian) agree to the following modifications to their Custody Agreement in the event a trade has failed. In the event of any conflicts or inconsistencies between the terms of the Agreement and this First Addendum, the terms of this First Addendum shall prevail.

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