First Amendment
to the Fund Accounting and Services Agreement
Dated December 3, 2004,
by and among
California Investment Trust and California Investment Trust II and
ALPS Mutual Funds Services, Inc.
THIS AMENDMENT is made as of September 1, 2006, by and between CALIFORNIA
INVESTMENT TRUST AND CALIFORNIA INVESTMENT TRUST II, (individually a "Trust" and
collectively the "Trusts") and ALPS MUTUAL FUNDS SERVICES, INC. ("ALPS").
WHEREAS, the Trusts and ALPS have entered into a Fund Accounting and
Services Agreement (the "Agreement") dated December 3, 2004.
WHEREAS, the Trusts are being consolidated into one single Delaware
Statutory Trust as of January 1, 2007.
WHEREAS, the Trusts and ALPS wish to modify the Agreement.
NOW, THEREFORE, the parties hereto, intending to be legally bound, agree
as follows:
1. Consolidation of Trusts. Effective January 1, 2007, all references
to "California Investment Trust" and "California Investment Trust
II" should be deleted and replaced with a single reference to
"California Investment Trust".
2. Change in incorporation. Effective January 1, 2007, all references
to the Trusts as "Massachusetts business trusts" should be deleted
and replaced with "Delaware statutory trusts."
2. Name Change. All references to "ALPS Mutual Funds Services, Inc."
should be deleted and replaced with "ALPS Fund Services, Inc."
3. Miscellaneous. Other than as amended hereby, all terms and
conditions of the Agreement are unchanged and remain in full force
and effect. This Amendment shall be deemed to be an amendment to the
Agreement and shall be governed by the laws of the State of
Colorado.
IN WITNESS WHEREOF, this Amendment has been executed by a duly authorized
representative of each of the parties hereto as of the date of the Amendment
first set forth above.
CALIFORNIA INVESTMENT TRUST CALIFORNIA INVESTMENT TRUST II
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
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Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: President Title: President
ALPS FUND SERVICES, INC.
By: /s/ ▇▇▇▇▇▇ ▇. May
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Name: ▇▇▇▇▇▇ ▇. May
Title: Managing Director
ACKNOWLEDGED AND AGREED:
CALIFORNIA INVESTMENT TRUST,
a Delaware statutory trust
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
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Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: President