Exhibit 99.(h)(1)
XXXXX AND POWER BALANCED FUND, INC.
AMENDMENT TO THE TRANSFER AGENT SERVICING AGREEMENT
THIS ADDENDUM dated April 2, 2002 to the Transfer Agent Servicing Agreement
(the "Agreement") dated June 1, 1999, by and between Xxxxx and Power Balanced
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 Balanced Fund, Inc. all records and other information
relative to the Xxxxx and Power Balanced 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
Balanced 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 Balanced Fund, Inc.
Notwithstanding the above, USBFS will adhere to the privacy policies
adopted by the Xxxxx and Power Balanced 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 Balanced Fund, Inc.'s shareholders
to any third party unless specifically directed by the Xxxxx and Power
Balanced Fund, Inc. or allowed under one of the exceptions noted under
the Act.
Xxxxx and Power Balanced Fund, Inc. U.S. Bancorp Fund Services, LLC
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. XxXxx
----------------------------------- ----------------------------------
Print Name: Xxxxxxx X. Xxxxx Print Name: Xxxxxxx X. XxXxx
------------------------- --------------------------
Title: President Title: Senior Vice President
------------------------------- -------------------------------
