KINETICS MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST THIRD AMENDMENT TO THE CUSTODY AGREEMENT
KINETICS
MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST
THIRD
AMENDMENT TO THE CUSTODY AGREEMENT
THIS
THIRD AMENDMENT dated as of this 6th
day
of December, 2007, to the Custody Agreement, dated as of June 26,
2006, as amended December 15, 2006 and March 5, 2007, is entered into by and
among Kinetics Mutual Funds, Inc., a Maryland corporation,
Kinetics Portfolios Trust, a Delaware business trust and
U.S. Bank National Association, a national banking
association
organized and existing under the laws of the United States of America with
its
principal place of business at Cincinnati, Ohio.
RECITALS
WHEREAS,
the parties have entered into a Custody Agreement dated as of June 26, 2006,
as
previously amended (the “Agreement”); and
WHEREAS,
the parties desire to amendment the Agreement; and
WHEREAS,
Article 14.2 of the Agreements allows for its amendment by a written instrument
executed by the parties;
NOW,
THEREFORE, the parties agree as follows:
Exhibit
D, the list of funds and the fee schedule of the Agreement, is hereby superseded
and replaced with Exhibit D attached hereto.
Except
to
the extent amended hereby, the Agreement shall remain in full force and
effect.
IN
WITNESS WHEREOF, the parties hereto have caused this Third Amendment to
be executed by a duly authorized officer on one or more counterparts as of
the
date and year first written above.
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KINETICS
MUTUAL FUNDS, INC.
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U.S.
BANK NATIONAL ASSOCIATION
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By: /s/
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By: /s/
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Name: ▇▇▇▇▇
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Name:
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Title: President
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Title:
Vice President
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By: /s/
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Name: ▇▇▇▇▇
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Title: President
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1
Exhibit
D
to
the
Custody
Agreement – Kinetics Mutual Funds, Inc., Kinetics Portfolios
Trust
December
6, 2007
Annual
Fee Schedule – Domestic Funds/Portfolios
Separate
Series of Kinetics Mutual Funds, Inc./Kinetics Portfolios Trust
Name
of Series
The
Medical Fund/The Medical Portfolio
The
Internet Fund/The Internet Portfolio
The
Internet Emerging Growth Fund/The Internet Emerging Growth
Portfolio
The
Paradigm Fund/The Paradigm Portfolio
The
Small
Cap Opportunities Fund/The Small Cap Opportunities Portfolio
The
Kinetics Government Money Market Fund/The Kinetics Government Money Market
Portfolio
The
Market Opportunities Fund/The Market Opportunities Portfolio
The
Water
Infrastructure Fund/The Water Infrastructure Portfolio
The
Multi-Disciplinary Fund/The Multi-Disciplinary Portfolio
Annual
fee based upon market value
½
basis
point per year
Minimum
annual fee per fund -- $3,000
Investment
transactions (purchase, sale, exchange, tender, redemption, maturity, receipt,
delivery):
$12.00
per book entry security (depository or Federal Reserve system)
$25.00
per definitive security (physical)
$25.00
per mutual fund trade
$75.00
per Euroclear
$ 8.00
per principal reduction on pass-through certificates
$35.00
per option/futures contract
$15.00
per variation margin
$15.00
per Fed wire deposit or withdrawal
$ 6.00
per repurchase transaction
Variable
Amount Demand Notes: Used as a short-term investment, variable amount
notes offer safety and prevailing high interest rates. Our charge,
which is ¼ of 1%, is deducted from the variable amount note income at the time
it is credited to your account.
Plus
out-of-pocket expenses, and extraordinary expenses based upon
complexity
Fees
and
out-of-pocket expenses are billed to the fund monthly, based upon market value
at the beginning of the month
2