0001193125-09-082601 Sample Contracts

AGREEMENT Amended and Restated
Agreement • April 20th, 2009 • Baron Select Funds • New York

This Agreement, made the 31st day of October 2008 and amended and restated as of January 14, 2009 by and between BAMCO, Inc. and Baron Capital Management, Inc., New York corporations and investment advisers registered under the Investment Advisers Act of 1940 (BAMCO, Inc., the “Adviser” and Baron Capital Management, Inc., “BCM”) and Baron Partners Fund (the “Fund”), a series of Baron Select Funds, a Delaware statutory trust (the “Trust”);

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