Exhibit (g)(14)
CONSENT TO ASSIGNMENT
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The undersigned consents to the Assignment attached hereto of the Custodian
Agreement dated as of July 29, 1988 between Firstar Trust Company (formerly
First Wisconsin Trust Company) and Firstar Funds, Inc. (formerly Elan Funds,
Inc.), as amended through the date hereof on the express condition that (1)
Assignor will remain liable for the performance of each and every one of its
obligations under the Contract arising on or before the Effective Date; (2) this
Consent to Assignment will not be deemed a consent to any subsequent assignment
but rather any subsequent assignment will require the prior written consent of
the undersigned pursuant to the terms of the Contract; and (3) Assignor will
notify the undersigned of the actual Effective Date if such date occurs on a
date other than October 1, 1998.
FIRSTAR FUNDS, INC.
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: President
ASSIGNMENT OF CONTRACT
This ASSIGNMENT OF CONTRACT (the "Assignment") is dated as of the 1st day
of October, 1998 by and between Firstar Trust Company (formerly, First Wisconsin
Trust Company), a Wisconsin corporation ("Assignor"), and Firstar Bank
Milwaukee, N.A., a Wisconsin limited liability company ("Assignee").
W I T N E S S E T H:
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WHEREAS, Assignor is a party to the contract or contracts attached hereto
as Exhibit A (the "Contract") and identified as follows:
Custodian Agreement by and among Firstar Funds, Inc. (formerly, Elan
Funds) and Assignor dated July 29, 1988, as amended through the date
hereof.
WHEREAS, Assignor desires to transfer to Assignee all of Assignor's right,
title and interest in the Contract.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of
which are hereby acknowledged, Assignor and Assignee agree as follows:
1. Assignment of the Contract. Assignor hereby transfers and assigns to
Assignee all of Assignor's right, title and interest in and to the Contract.
2. Assumption and Acceptance of the Contract. By acceptance of this
Assignment, Assignee hereby assumes and agrees to perform all of the obligations
and covenants of Assignor under the Contract from and after the date and year
first written above or such other date as the parties may agree in writing (the
"Effective Date").
3. Consent. The effectiveness of this Assignment is expressly subject to
the written consent of Firstar Funds, Inc.
4. Indemnification. Assignor agrees that it will remain liable under the
Contract for all obligations arising on or before the Effective Date and will
indemnify and hold harmless Assignee from any such obligation.
IN WITNESS WHEREOF, this Assignment has been executed by Assignor and
Assignee as a sealed instrument as of the day and year first written above.
ASSIGNOR
FIRSTAR TRUST COMPANY
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Senior Vice President
ASSIGNEE
FIRSTAR BANK MILWAUKEE, N.A.
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
Title: Vice President