AGREEMENT is made and entered into as of this 1st day of April, 2009, by and between DUPREE MUTUAL FUNDS, a Kentucky business trust (the "Trust"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized
and existing under the laws of the United States of America (the "Custodian").
WHEREAS, the Trust is registered under the
Investment Company Act of 1940, as amended (the "1940 Act"), as an open-end management investment company, and is authorized to issue shares of beneficial interest in separate series, with each such series representing interests in a
separate portfolio of securities and other assets;
WHEREAS, the Custodian is a bank having the qualifications prescribed in
Section 26(a)(1) of the 1940 Act;
WHEREAS, the Trust desires to retain the Custodian to act as custodian of the cash and securities
of each series of the Trust listed on Exhibit C hereto (as amended from time to time) (each a "Fund" and collectively, the "Funds"); and
WHEREAS, the Board of Trustees of the Trust has delegated to the Custodian the responsibilities set forth in Rule 17f-5(c) under the 1940 Act
and the Custodian is willing to undertake the responsibilities and serve as the foreign custody manager for the Trust.
NOW, THEREFORE, in
consideration of the promises and mutual covenants herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows:
Whenever used in this Agreement, the following words and phrases shall have the meanings set forth below unless the context otherwise
1.01 "Authorized Person" means any Officer or other person duly authorized by resolution of the Board of
Trustees to give Oral Instructions and Written Instructions on behalf of the Fund and named in Exhibit A hereto or in such resolutions of the Board of Trustees, certified by an Officer, as may be received by the Custodian from time to time.
1.02 "Board of Trustees" shall mean the trustees from time to time serving under the Trusts declaration of trust,
as amended from time to time.
1.03 "Book-Entry System" shall mean a federal book-entry system as provided in Subpart O of
Treasury Circular No. 300, 31 CFR 306, in Subpart B of 31 CFR Part 350, or in such book-entry regulations of federal agencies as are substantially in the form of such Subpart O.
1.04 "Business Day" shall mean any day recognized as a settlement day by The New
York Stock Exchange, Inc., and any other day for which the Trust computes the net asset value of Shares of the Fund.
"Eligible Foreign Custodian" has the meaning set forth in Rule 17f-5(a)(1), including a majority-owned or indirect subsidiary of a U.S. Bank (as defined in Rule 17f-5), a bank holding company meeting the requirements of an Eligible
Foreign Custodian (as set forth in Rule 17f-5 or by other appropriate action of the SEC), or a foreign branch of a Bank (as defined in Section 2(a)(5) of the 1940 Act) meeting the requirements of a custodian under Section 17(f) of the 1940
Act; the term does not include any Eligible Securities Depository.
1.06 "Eligible Securities Depository" shall mean a
system for the central handling of securities as that term is defined in Rule 17f-4 and 17f-7 under the 1940 Act.
"Foreign Securities" means any of the [Trusts/Funds] investments (including foreign currencies) for which the primary market is outside the United States and such cash and cash equivalents as are reasonably necessary to
effect the [Trust/Funds] transactions in such investments.
1.08 "Fund Custody Account" shall mean any of the
accounts in the name of the Trust, which is provided for in Section 3.2 below.
1.09 "IRS" shall mean the Internal
1.10 "FINRA" shall mean The Financial Industry Regulatory Authority.
1.11 "Officer" shall mean the Chairman, President, any Vice President, any Assistant Vice President, the Secretary, any
Assistant Secretary, the Treasurer, or any Assistant Treasurer of the Trust.
1.12 "Oral Instructions" shall mean
instructions orally transmitted to and accepted by the Custodian because such instructions are: (i) reasonably believed by the Custodian to have been given by any two Authorized Persons, (ii) recorded and kept among the records of the
Custodian made in the ordinary course of business, and (iii) orally confirmed by the Custodian. The Trust shall cause all Oral Instructions to be confirmed by Written Instructions prior to the end of the next Business Day. If such Written