EX-99.H(5) 2 d452583dex99h5.htm AMENDMENT TO SUBLICENSE AGREEMENT Amendment to Sublicense Agreement

AMENDMENT TO

SUBLICENSE AGREEMENT

This amendment (“Amendment”) to the Sublicense Agreement (the “Agreement”) dated as of December 1, 2021, as amended, by and between Harbor Capital Advisors, Inc. (“Harbor”) and Harbor ETF Trust (“Licensee”) is entered into as of March 1, 2023 (the “Effective Date”).

WHEREAS, Harbor and Licensee (“Parties”) desire to amend Exhibit A of the Agreement; and

WHEREAS, Section 7 of the Agreement requires that all amendments to the Agreement be in writing and executed by the Parties.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

 

  1.

Capitalized terms not otherwise defined herein shall have the meanings set forth in Agreement.

 

  2.

Exhibit A of the Agreement is hereby deleted in its entirety and replaced by Exhibit A attached hereto.

 

  3.

Except as expressly amended hereby, all of the provisions of the Agreement shall remain unamended and in full force and effect to the same extent as if fully set forth herein.

 

  4.

This Amendment shall be governed by, and the provisions of this Amendment shall be construed and interpreted under and in accordance with, the laws of the State of Illinois, without regard to its conflict of law provisions.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers, as of the Effective Date.

 

HARBOR CAPITAL ADVISORS, INC.     HARBOR ETF TRUST
By:  

/s/ Erik D. Ojala

    By:  

/s/ Charles F. McCain

  Erik D. Ojala, Executive Vice President,       Charles F. McCain, Chairman of the
  General Counsel and Secretary       Board and President
       


EXHIBIT A

 

Index and Marks

  

Index Provider

  

Fees

Human Capital Factor Unconstrained Index

Marks: IRRATIONAL CAPITAL

   Irrational Capital, LLC    None

CIBC Human Capital Index

Marks: CIBC, CIBC HUMAN CAPITAL INDEX

   Canadian Imperial Bank of Commerce    None

CIBC Human Capital Small Cap Index

Marks: CIBC, HUMAN CAPITAL SMALL CAP INDEX

   Canadian Imperial Bank of Commerce    None

Quantix Commodity Index

Marks: QUANTIX COMMODITIES, QCI

   Quantix Commodities Indices, LLC    None

Quantix Energy Transition Index

Marks: QUANTIX COMMODITIES, QET

   Quantix Commodities Indices, LLC    None