KINETICS MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST FOURTH AMENDMENT TO THE CUSTODY AGREEMENT
KINETICS
MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST
FOURTH
AMENDMENT TO THE CUSTODY AGREEMENT
THIS FOURTH AMENDMENT dated as
of this 18th day
of December, 2009, to the Custody Agreement, dated as of June 26,
2006, as amended December 15, 2006, March 5, 2007 and December 6, 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
amend 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D, the list of funds and the fee schedule of the Agreement, is hereby superseded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 Fourth 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:
Vice
President
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Title:
Vice President
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KINETICS
PORTFOLIOS TRUST
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By: /s/
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
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Name:
▇▇▇▇▇▇
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Title: Treasurer
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Exhibit
D
to
the
Custody
Agreement – Kinetics Mutual Funds, Inc., Kinetics Portfolios Trust
at
December, 2009
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
Global Fund/The Global Portfolio
The
Paradigm Fund/The Paradigm Portfolio
The
Tactical Paradigm Fund
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
____
basis point per year
Minimum
annual fee per fund -- $_____
Investment
transactions (purchase, sale, exchange, tender, redemption, maturity, receipt,
delivery):
$____ per
book entry security (depository or Federal Reserve system)
$____ per
definitive security (physical)
$____ per
mutual fund trade
$____ per
Euroclear
$____ per
principal reduction on pass-through certificates
$____ per
option/futures contract
$____ per
variation margin
$____per
Fed wire deposit or withdrawal
$____ 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 ____%, 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