(h)2 Form of Amendment to Management and Administration
AMENDMENT TO
MANAGEMENT AND ADMINISTRATION AGREEMENT
This Amendment is made as of September 24, 2001 between ALPINE EQUITY
TRUST (the "Trust"), an open-end investment management company registered under
the Investment Company Act of 1940 and BISYS FUND SERVICES, Ohio, Inc.
("BISYS"), 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 BISYS, dated as
of July 1, 1999 (as amended June 26, 2000), as set forth below.
WHEREAS, BISYS, in its capacity as administrator for the Trust, may
collect, retain or have access to nonpublic personal financial information
relating to consumers or customers of the Trust (as those terms are defined
under Public Law 106-102, titled the Xxxxx-Xxxxx-Xxxxxx Act) to perform services
for, or functions on behalf of the Trust; and
WHEREAS, the Trust and BISYS desire to protect the confidentiality and
security of nonpublic personal financial information relating to consumers or
customers of the Trust.
NOW THEREFORE, in consideration of the mutual premises and covenants
herein set forth, the parties agree as follows:
1. CONFIDENTIALITY OF INFORMATION. Nonpublic personal financial
information relating to consumers or customers of the Trust provided by or at
the direction of the Trust to BISYS, or collected or retained by BISYS to
perform their duties as administrator of the Trust shall be considered
confidential information. BISYS shall not give, sell or in any way transfer such
confidential information to any person or entity, other than affiliates of BISYS
except at the direction of the Trust or as required or permitted by law.
2. PROCEDURAL SAFEGUARDS. BISYS shall 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
3. FUND PRIVACY POLICY. The Trust represents to BISYS that it has
adopted a statement of its privacy policies and practices as required by
Securities and Exchange Commission Regulation S-P and agrees to provide BISYS
with a copy of that statement annually.
4. GOVERNING LAW. This Agreement shall be governed by, and provisions
shall be construed in accordance with the laws of the State of Ohio.
5. EFFECTIVE DATE. The effective date of this amendment shall be July
1, 2001.
6. MISCELLANEOUS. This Amendment may be executed in one or more
counterparts, each of which will be deemed an original, but all of which
together shall constitute one and the same instrument. Except as specifically
set forth herein, all other provisions of the Agreement shall 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.
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ALPINE EQUITY TRUST
By:
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Title:
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BISYS FUND SERVICES OHIO, INC.
By:
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Title:
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