THE PURISIMA FUNDS AMENDMENT TO THE CUSTODY AGREEMENT
THE
PURISIMA FUNDS
AMENDMENT
TO THE
THIS
AMENDMENT
dated as
of November 1, 2005, to the Custody Agreement, dated as of August 1, 2000 (the
"Agreement"), is entered by and between THE
PURISIMA FUNDS,
a
Delaware statutory trust (the “Trust”) and U.S.
BANK, N.A.,
a
national banking association (the "Custodian").
RECITALS
WHEREAS,
the
parties have entered into a Custody Agreement; and
WHEREAS,
the
Trust intends to create an additional fund and merge two funds; and
WHEREAS,
effective
January 1, 2002, the name Firstar Bank, N.A. changed to U.S. Bank, N.A. and
Firstar Mutual Fund Services, LLC changed to U.S. Bancorp Fund Services, LLC;
and
WHEREAS,
a
section
regarding Proprietary
and Confidential Information is
to be
added; and
WHEREAS,
the
Trust and the Custodian desire to extend said Agreement to apply to the recently
added fund, the merger of two funds, a name change; and the addition of
proprietary and confidential information; and
WHEREAS, Article
XIV, Section 14.4
of the
Agreement allows for its amendment by a written instrument executed by both
parties.
NOW,
THEREFORE,
the
parties agree as follows:
Exhibit
C
of the Agreement is hereby superceded and replaced with Exhibit C attached
hereto;
All
references to Firstar Bank, N.A. in this Agreement should be replaced with
U.S.
Bank, N.A. Similarly, any references to Firstar Mutual Fund Services, LLC should
be replaced with U.S. Bancorp Fund Services, LLC;
Article
XV should be added as follows:
ARTICLE
XV
PROPRIETARY
AND CONFIDENTIAL INFORMATION
The
Custodian agrees on behalf of itself and its directors, officers, and employees
to treat confidentially and as proprietary information of the Trust, all records
and other information relative to the Trust and prior, present, or potential
shareholders of the Trust (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 (i) after prior notification
to
and approval in writing by the Trust, which approval shall not be unreasonably
withheld and may not be withheld where the Custodian may be exposed to civil
or
criminal contempt proceedings for failure to comply, (ii) when requested to
divulge such information by duly constituted authorities, or (iii) when so
requested by the Trust. Records and other information which have become known
to
the public through no wrongful act of the Custodian or any of its employees,
agents or representatives, and information that was already in the possession
of
the Custodian prior to receipt thereof from the Trust or its agent, shall not
be
subject to this paragraph.
Further,
the Custodian 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.
In this regard, the Custodian shall have in place and maintain physical,
electronic and procedural safeguards reasonably designed to protect the
security, confidentiality and integrity of, and to prevent unauthorized access
to or use of, records and information relating to the Trust and its
shareholders.
Except
to
the extent supplemented hereby, the Agreement shall remain in full force and
effect.
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 date and year first written
above.
THE
PURISIMA FUNDS U.S.
BANK, N.A.
By:
______________________________ By:
________________________________
Name:____________________________
Name:
Xxx X. Xxxxxxx
Title: Title:
Sr. Vice President
Exhibit
C
to
the
Separate
Series of The Purisima Funds
Name
of Series Date
Added
Purisima
Total Return Fund 08/01/00
Purisima
Pure American Fund* 08/01/00
Purisima
Pure Foreign Fund* 08/01/00
Purisima
All-Purpose Fund
Effective
on or about
11/1/05
*
To
merge into Purisima Total Return Fund effective on or about November 18,
2005
