Exhibit 99.(h)(1)
XXXXX AND POWER GROWTH FUND, INC.
AMENDMENT TO THE TRANSFER AGENT SERVICING AGREEMENT
THIS ADDENDUM dated April 2, 2002 to the Transfer Agent Servicing Agreement (the
"Agreement") dated April 15, 1996, by and between Xxxxx and Power Growth Fund,
Inc. organized in the state of Minnesota (the "Fund") and U.S. Bancorp Fund
Services, LLC, a Wisconsin limited liability company and successor party in
interest to Firstar Mutual Fund Services, LLC (hereinafter referred to as
"USBFS"), hereby amends the Agreement as set forth below.
Section 7 PROPRIETARY AND CONFIDENTIAL INFORMATION of the Agreement shall
be replaced in its entirety with the following:
USBFS agrees on behalf of itself and its directors, officers, and
employees to treat confidentially and as proprietary information of the
Xxxxx and Power Growth Fund, Inc. all records and other information
relative to the Xxxxx and Power Growth Fund, Inc. and prior, present, or
potential shareholders (and clients of said shareholders) and not to use
such records and information for any purpose other than the performance of
its responsibilities and duties hereunder, except after prior notification
to and approval in writing by the Xxxxx and Power Growth Fund, Inc., which
approval shall not be unreasonably withheld and may not be withheld where
USBFS may be exposed to civil or criminal contempt proceedings for failure
to comply after being requested to divulge such information by duly
constituted authorities, or when so requested by Xxxxx and Power Growth
Fund, Inc..
Notwithstanding the above, USBFS will adhere to the privacy policies
adopted by the Xxxxx and Power Growth Fund, Inc. pursuant to Title V of
the Xxxxxx-Xxxxx Bliley Act (the "Act") as may be modified from time to
time. Further, USBFS will not share any nonpublic personal information
concerning any of the Xxxxx and Power Growth Fund, Inc.'s shareholders to
any third party unless specifically directed by the Xxxxx and Power Growth
Fund, Inc. or allowed under one of the exceptions noted under the Act.
Xxxxx and Power Growth Fund, Inc. U.S. Bancorp Fund Services, LLC
By: Xxxxxx X. Xxxxx By: /s/ Xxxxxxx X. XxXxx
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Print Name: Xxxxxx X. Xxxxx III Print Name: Xxxxxxx X. XxXxx
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Title: President Title: Senior Vice President
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