0001193125-05-152691 Sample Contracts

SHAREHOLDER SERVICING AGREEMENT
Shareholder Servicing Agreement • July 29th, 2005 • Excelsior Tax Exempt Funds Inc • Delaware

THIS AGREEMENT (“Agreement”) is made as of this day of , 200 , between (“Organization”) and each of the registered investment companies (“Fund Company”), acting on its own behalf and on behalf of each of its series or classes of shares, if any, listed on Schedule I, as amended from time to time (each such series or class being referred to as a “Fund”).

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WAIVER AGREEMENT
Waiver Agreement • July 29th, 2005 • Excelsior Tax Exempt Funds Inc

This WAIVER AGREEMENT (“Waiver Agreement”) is made as of July 29, 2005, by United States Trust Company of New York, a state-chartered bank and trust company (“United States Trust”) and U.S. Trust Company, N.A., a national bank organized under the laws of the United States (“U.S. Trust” and together with United States Trust, the “Advisers”) for the benefit of Excelsior Tax-Exempt Funds, Inc., a Maryland corporation and a registered investment company under the Investment Company Act of 1940, as amended (“Excelsior”). This Waiver Agreement supercedes all other previous waiver agreements between the parties hereto relating to the subject matter contained herein, including that certain “Notice of Termination to Amended and Restated Waiver Agreement” dated January 25, 2005.

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