July 1, 2002
Xxxxxx Street Funds
Xxx Xxxxxxx Xxxxxx Xxxxx
Xxxx, Xxxxxxxxxxxx 19456
Ladies and Gentlemen:
This letter agreement supplements the Mutual Fund Custody Agreement between
Union Bank of California, N.A. ("UBOC") and Xxxxxx Street Funds (the "Trust"),
dated August 4, 2000 (the "Agreement"). Each of the undersigned hereby covenants
and agrees as follows:
Confidentiality
All books, records, information and data pertaining to the business of the
Trust, including but not limited to names and addresses of "customers" or
"consumers" (as those terms are defined in Regulation S-P), which are exchanged
or received hereunder shall be kept confidential and shall not be used or
voluntarily disclosed to any other person, except as may be permitted hereunder
or required by law. This provision shall not apply to information lawfully in
the possession of UBOC prior to the term hereof, lawfully obtained from other
sources or independently developed by UBOC without reference to or reliance on
information obtained from the Trust.
If, in accordance with U.S. Securities and Exchange Commission ("SEC")
Regulation S-P, "non-public personal information" (as this term is defined in
Regulation S-P) regarding the Trust's customers or consumers is disclosed to
UBOC in connection with the Agreement, then UBOC will not disclose or use that
information other than as strictly and absolutely necessary to carry out the
purposes of the Agreement. This paragraph shall survive the termination of the
Agreement.
UNION BANK OF CALIFORNIA, X.X. XXXXXX STREET FUNDS
/s/ Xxxx Xxxx Xxx /s/ Xxxx Xxxxx
--------------------------------- ---------------------------
By: Xxxx Xxxx Xxx By: Xxxx Xxxxx
Title: Vice President Title: Vice President and Secretary
