KINETICS PORTFOLIOS TRUST FIFTH AMENDMENT TO THE FUND ADMINISTRATION SERVICING AGREEMENT
FIFTH
AMENDMENT TO
THE
THIS
FIFTH AMENDMENT dated as
of this 6th
day of December,
2007, to the Fund Administration Servicing Agreement, dated as of January 1,
2002, as amended December 15, 2005, June 16, 2006, December 15, 2006 and March
5, 2007, is entered into by and between Kinetics Portfolios Trust, a
Delaware business trust (the “Trust”) and U.S. Bancorp Fund Services,
LLC, a Wisconsin limited liability company ("USBFS").
RECITALS
WHEREAS,
the Trust and USBFS
have entered into a Fund Administration Servicing Agreement dated as of January
1, 2002, as previously amended (the “Agreement”); and
WHEREAS,
the Trust and USBFS
desire to amend the Agreement; and
WHEREAS,
Section 6 of the
Agreement allows for its amendment by a written instrument executed by the
Trust
and USBFS;
NOW,
THEREFORE, the Trust and
USBFS agree as follows:
Exhibit
A
of the Agreement is hereby superseded and replaced with Exhibit A attached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 Fifth 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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U.S.
BANCORP FUND SERVICES,
LLC
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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: Executive
Vice President
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1
Exhibit
A to the Fund Administration
Agreement – Kinetics Portfolio Trust
Administration
Services - Annual Fee
Schedule
Master
Portfolios
Separate
Series of Kinetics Portfolios Trust at December 6, 2007
Name
of Series
The
Internet Portfolio
The
Medical Portfolio
The
Internet Emerging Growth Portfolio
The
Paradigm Portfolio
The
Small
Cap Opportunities Portfolio
The
Kinetics Government Money Market Portfolio
The
Market Opportunities Portfolio
The
Water
Infrastructure Portfolio
The
Multi-Disciplinary Portfolio
The
Internet Portfolio, The Medical Portfolio, The Internet Emerging Growth
Portfolio, The Paradigm Portfolio, The Small Cap Opportunities Portfolio, The
Kinetics Government Money Market Portfolio, The Market Opportunities Portfolio,
the Water Infrastructure Portfolio and The Multi-Disciplinary Portfolio have
the
following fee schedule:
Annual
fee per portfolio based on complex of Master Portfolios average net
assets:
_____ basis
points on the first $_
Billion
_____ basis
points on the
balance.
Minimum
Annual
Fee: $_______
Note:
Minimum is based on the combined fees for both the Master Portfolios and the
Feeder Funds which includes out-of-pocket technology charge of $______ per
quarter.
Plus
out-of-pocket expense reimbursements, including but not limited to:
Postage
Programming
Stationery
Proxies
Retention
of records
Special
reports
Federal
and state regulatory filing fees
Certain
insurance premiums
Expenses
from board of trustees meetings
Auditing
and legal expenses
All
other
out-of-pocket expenses
Fees
are
billed monthly
2