Exhibit 23(h)(xvi) under Form N-1A
Exhibit 10 under Item 601/Reg. S-K
FIRST AMENDMENT TO
AGREEMENT FOR TRANSFER AGENCY SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR TRANSFER AGENCY SERVICES (the
"Amendment") between WESMARK FUNDS (the "Investment Company") and BOSTON
FINANCIAL DATA SERVICES, INC., a Massachusetts corporation (the "Company") is
made and entered into a of the 2nd day of July, 2004.
WITNESSETH
WHEREAS, the Investment Company and the Company are parties to that
certain Agreement for Transfer Agency Services dated as of July 1, 2004 (the
"Agreement");
WHEREAS, Investment Company and Company wish to amend the Agreement on the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the premises and mutual covenants
herein contained, and intending to be legally bound hereby, the parties hereto
agree as follows:
1. Anti-Money Laundering. The following Article 23 is hereby added after
Article 22 of the Agreement:
"ARTICLE 23. ANTI-MONEY LAUNDERING ("AML") DELEGATION.
If the Investment Company elects to delegate to the Company
certain AML duties under this Agreement, the parties will agree to
such duties and terms as stated in the attached schedule ("Schedule
23" entitled "AML Delegation") which may be changed from time to
time subject to mutual written agreement between the parties. In
consideration of the performance of the duties by the Company
pursuant to this Article 23, the Investment Company agrees to pay
the Company for the reasonable administrative expense that may be
associated with such duties as reflected on the Schedule A to the
Agreement under Compliance.
2. Schedule 23. The attached Schedule 23 dated July 2, 2004 is hereby
incorporated into the Agreement.
3. All defined terms and definitions in the Agreement shall be the same in
this Amendment (the "Amendment") except as specifically revised by this
Amendment; and
4. Except as specifically set forth in this Amendment, all other terms and
conditions of the Agreement shall remain in full force and effect.
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 day and year first above written.
WESMARK FUNDS
By: /s/ Xxxxxx X. Xxxxxxx
Name: Xxxxxx X. Xxxxxxx
Title: Vice President
BOSTON FINANCIAL DATA SERVICES, INC.
By: /s/ Xxxxxx Xxxxxxx
Name: Xxxxxx Xxxxxxx
Title: Vice President