EX-99.H 3 itemh11.txt KING WAIVERS AND REIM February 28, 2005 Board of Trustees Forum Funds Two Portland Square Portland, Maine 04101 RE: Contractual Waivers and Reimbursements Dear Sirs: King Investment Advisors, Inc. (the "Adviser") agrees to waive its investment advisory fee and reimburse expenses as necessary to ensure that total annual operating expenses (excluding taxes, interest, portfolio transaction expenses and extraordinary expenses) for Fountainhead Special Value Fund, a series of the Forum Funds (the "Trust"), does not exceed 1.50%. This agreement can only be terminated or amended upon the approval of the Trust's Board of Trustees and is automatically terminated if the Adviser is no longer a service provider to the Fund. Unless otherwise amended or terminated, this agreement will terminate as of February 28, 2006. Very truly yours, By: /s/ Roger King --------------------- Roger King, President