Exhibit h(iv) under Form N-1A
Exhibit (10) under Item 601/Reg. S-K
Amendment #3 to Agreement for Fund Accounting Services,
Administrative Services and Transfer Agency Services
This Amendment #3 to the Agreement for Fund Accounting Services,
Administrative Services and Transfer Agency Services, dated September
14, 1998 (as amended, the "Agreement") by and between Hibernia Funds
(the "Investment Company") and Federated Services Company (the
"Company") is made this 1st day of July, 2004 by and between the
Investment Company and the Company.
WHEREAS, the Company is selling its transfer agency business to
Boston Financial Data Services, Inc. ("BFDS") and will no longer be
providing transfer agency services under the Agreement;
WHEREAS, BFDS has indicated its willingness to provide transfer
agency services to the Investment Company on terms identical to those
contained in the Agreement;
WHEREAS, the Investment Company and BFDS intend to enter into a
separate agreement regarding the provision of transfer agency services
by BFDS to the Investment Company on terms identical to those contained
in the Agreement;
WHEREAS, the parties wish to amend the Agreement as indicated
herein to reflect that the Company will no longer being providing
transfer agency services to the Investment Company.
NOW, THEREFORE, in consideration of the mutual promises contained
within the Agreement and the promises contained herein and for other
good and sufficient consideration, the parties, intending to be legally
bound, agree as follows:
1. Effective as of the date hereof, the Company shall no
longer provide the transfer agency services described in the Agreement,
including but not limited to all transfer agency services described in
Section Three of the Agreement. The Company shall have no further
obligation with regard to such services for the period from and after
the date hereof and the Investment Company shall look solely to any
agreement it may have with BFDS regarding such services.
2. If any provision of this Amendment conflicts in whole or in part,
with the terms and conditions of the Agreement, then the provisions of
this Amendment shall control. All other terms and conditions of the
Agreement remain unchanged.
IN WITNESS WHEREOF, the parties have caused this Amendment #3 to
be executed as of the date first above written by their duly authorized
representatives.
HIBERNIA FUNDS FEDERATED SERVICES COMPANY
By: /s/ Xxxxxxx X. Xxxxxxx By: /s/ Xxxxxx X. Xxxxxxx
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Title: Secretary Title: Treasurer