FORM OF
THE XXXXX FUNDS
AMENDMENT TO THE TRANSFER AGENT AGREEMENT
THIS AMENDMENT dated as of June 4, 2002 to the Transfer Agent
Agreement, as amended, dated as of October 5, 1998, by and between The Xxxxx
Funds, a Delaware business trust, and U.S Bancorp Fund Services, LLC (formerly
Firstar Mutual Fund Services, LLC), a Wisconsin limited liability company shall
be as follows:
Paragraph 7 Proprietary and Confidential Information shall be
amended and replaced in its entirety as follows:
7. Proprietary and Confidential Information
USBFS agrees on behalf of itself and its directors, officers, and
employees to treat confidentially and as proprietary information of
the Company all records and other information relative to the
Company 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 Company, 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 the Company.
Further, USBFS will adhere to the privacy policies adopted by the
Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be
modified from time to time (the "Act"). Notwithstanding the
foregoing, USBFS will not share any nonpublic personal information
concerning any of the Trust's shareholders with any third party
unless specifically directed by the Trust or allowed under one of
the exceptions noted under the Act.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be executed by a duly authorized officer on one or more counterparts as of the
day and year first written above.
THE XXXXX FUNDS U.S. BANCORP FUND SERVICES, LLC
By: _____________________________ By: _____________________________
