Exhibit (e)(ix) Amendment to
Administrative Services Agreement
between
Xxxxxxxx Funds, Inc.
and
Xxxxxxxx & Ilsley Trust Company
This Amendment to the Administrative Services Agreement ("Agreement")
between Xxxxxxxx Funds, Inc. ("Funds") and Xxxxxxxx & Ilsley Trust Company
("Service Provider") is made and entered into as of the 22nd day of June, 2001.
WHEREAS, the Funds have entered into the Agreement with the Service
Provider;
WHEREAS, the Securities and Exchange Commission has adopted Regulation S-P
at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial
product or service for personal, family or household use;
WHEREAS, Regulation S-P permits financial institutions, such as the Funds,
to disclose "nonpublic personal information" ("NPI") of its "customers" and
"consumers" (as those terms are therein defined, to affiliated and nonaffiliated
third parties of the Fund for the limited purposes of processing and servicing
transactions (17 CFR ss. 248.14); for specified law enforcement and
miscellaneous purposes (17 CFR ss. 248.15); and to service providers or in
connection with joint marketing arrangements (17 CFR ss. 248.13);
NOW, THEREFORE, the parties intending to be legally bound agree as follows:
The Fund and the Service Provider hereby acknowledge that the Fund may
disclose shareholder NPI to the Service Provider as agent of the Fund and solely
in furtherance of fulfilling the Service Provider's contractual obligations
under the Agreement in the ordinary course of business to support the Fund and
its shareholders.
The Service Provider hereby agrees to be bound to use and redisclose such
NPI only for the limited purpose set forth in the third WHEREAS clause above,
that is:
A. To process transactions and service customer relationships;
B. For certain specified law enforcement and miscellaneous legally permitted
purposes; and
C. As a fund service provider or in connection with joint marketing
arrangements solely at the direction and discretion of the Fund, each in
accordance with the limited exceptions set forth in 17 CFR xx.xx. 248.13,
248.14 and 248.15, respectively.
The Service Provider further represents and warrants that, in accordance
with 17 CFR ss. 248.30, it has implemented safeguards by adopting policies and
procedures reasonably designed to:
A. Insure the security and confidentiality of records and NPI of Fund
customers,
B. Protect against any anticipated threats or hazards to the security or
integrity of Fund customer records and NPI, and
C. Protect against unauthorized access to or use of such Fund customer records
or NPI that could result in substantial harm or inconvenience to any Fund
customer.
4. The Service Provider is obligated to maintain beyond the termination
date of the Agreement the confidentiality of any NPI it receives from the Fund
in connection with the Agreement or any joint marketing arrangement, and hereby
agrees that this Amendment shall survive such termination.
WITNESS the due execution hereof this 22nd day of June, 2001.
Xxxxxxxx Funds, Inc.
By: /s/ Xxxxxx X. Xxxxxxx
---------------------------
Name: Xxxxxx X. Xxxxxxx
Title: Secretary
Xxxxxxxx & Ilsley Trust Company
By: /s/ Xxxxx X. Xxxxxx
---------------------------
Name: Xxxxx X. Xxxxxx
Title: Vice President