KINETICS MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST FIRST AMENDMENT TO THE CUSTODY AGREEMENT
KINETICS
MUTUAL FUNDS, INC. and KINETICS PORTFOLIOS TRUST
FIRST
AMENDMENT TO THE CUSTODY AGREEMENT
THIS
FIRST AMENDMENT
dated as
of this 15th day of December, 2006, to the Custody Agreement, dated as of
June 26, 2006, 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
State 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 (the
“Agreement”); and
WHEREAS,
the
parties desire to amend the Agreement; and
WHEREAS,
Article
14.2 of the Agreement allows for its amendment by a written instrument executed
by the parties;
NOW,
THEREFORE,
the
parties agree as follows:
Exhibit
D, the fee schedule of the Agreement, is hereby superseded and replaced with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 First Amendment to be executed by a duly
authorized officer on one or more counterparts as of the date and year first
written above.
| KINETICS MUTUAL FUNDS, INC. | U.S. BANK NATIONAL ASSOCIATION | |
| By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ | By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ | |
| Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ | Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ | |
| Title: President | Title: Vice President | |
| KINETICS PORTFOLIOS TRUST | ||
| By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ | ||
| Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ | ||
| Title: President |