Exhibit 23(h)(8)
AMENDMENT TO
ADMINISTRATION AGREEMENT
This Amendment (the "Amendment") is made as of November 13, 2001,
between THE TUSCARORA INVESTMENT TRUST a Massachusetts business trust (the
"Trust"), having its principal place of business at 0000 Xxxxxxx Xxxx, Xxxxxxxx,
Xxxx 00000, and BISYS FUND SERVICES OHIO, INC. (the "Administrator"), an Ohio
corporation having its principal place of business at 0000 Xxxxxxx Xxxx, Xxxxx
0000, Xxxxxxxx, Xxxx 00000. The parties hereby amend the Administration
Agreement (the "Agreement") between the Trust and the Administrator, dated as of
August 23, 1999, as set forth below.
WHEREAS, the Administrator, in its capacity as administrator for the
Trust, may collect, retain or have access to "nonpublic personal information"
relating to "consumers" and "customers" of the Trust, as those terms are defined
under Public Law 106-102, titled the Xxxxx-Xxxxx-Xxxxxx Act and Securities and
Exchange Commission Regulation S-P promulgated thereunder ("Regulation S-P"), to
perform services for, or functions on behalf of the Trust; and
WHEREAS, the Administrator and the Trust desire to protect the
confidentiality and security of nonpublic personal information relating to
consumers and customers of the Trust.
NOW THEREFORE, in consideration of the mutual promises and covenants
herein set forth, the parties agree as follows:
1. CONFIDENTIALITY OF INFORMATION. Nonpublic personal information
relating to consumers and customers of the Trust provided by or at the direction
of the Trust to the Administrator, or collected or retained by the Administrator
in the course of performing its duties as administrator will be kept
confidential. The Administrator will not use, disclose, sell or in any way
transfer such nonpublic personal information to any person or entity, except as
necessary to perform its obligations under the Agreement, at the direction of
the Trust or otherwise as required or permitted by law.
2. PROCEDURAL SAFEGUARDS. The Administrator will 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 consumers and customers of the
Trust. The Administrator will adhere to the privacy policy and procedures of the
Trust and its respective policies and procedures governing information security.
The Trust reserves the right to audit the Administrator to ensure compliance
with such policies and procedures and applicable privacy laws.
3. REPORTING REQUIREMENTS. At the request of the Trust, the
Administrator will provide the Board of Trustees of the Trust with periodic
reports outlining its policies and procedures governing information security and
the implementation of such policies and procedures. The Administrator will
promptly report to the Trust any material changes to these policies and
procedures before, or promptly after, the adoption of such changes.
4. TRUST PRIVACY POLICY. The Trust represents to the Administrator that
it has adopted a statement of its privacy policies and practices as required by
Regulation S-P and agrees to provide the Administrator with a copy of that
statement annually.
5. GOVERNING LAW; CONFLICTS. This Amendment will be governed by, and
its provisions will be construed in accordance with the laws of the State of
Ohio. In the event that any provision of this
Amendment conflicts or is inconsistent with any provision of the Agreement, this
Amendment will control with respect to matters related to compliance with
Regulation S-P.
6. EFFECTIVE DATE. The effective date of this amendment will be
November 13, 2001.
7. MISCELLANEOUS. This Amendment may be executed in one or more
counterparts, each of which will be deemed an original, but all of which
together will constitute one and the same instrument. Except as specifically set
forth herein, all other provisions of the Agreement will remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
fully executed as of the day and year first written above.
By: /s/ XXXXXX X. XXXXXXX III
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Title: President
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BISYS FUND SERVICES OHIO, INC.
By: /s/ XXXXXXX X. XXXXX
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Title: President
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