HOTCHKIS AND WILEY FUNDS ADDENDUM TO THE TRANSFER AGENT SERVICING AGREEMENT
HOTCHKIS
AND WILEY FUNDS
ADDENDUM
TO THE
THIS ADDENDUM dated as of the
7th
day of September, 2007, to the Transfer Agent Servicing Agreement, dated as of
October 19, 2001, as amended, (the "Transfer Agent Agreement"), is entered by
and between HOTCHKIS AND WILEY
FUNDS, a Delaware statutory trust (the "Trust") and U.S. BANCORP FUND SERVICES,
LLC, a Wisconsin limited liability company ("USBFS").
RECITALS
WHEREAS, the parties have
entered into the Transfer Agent Agreement; and
WHEREAS, the parties
acknowledge that the Trust has access to the MARS SystemTM (“MARS”)
as provided by Sales Focus Solutions; and
WHEREAS, the parties desire to
modify said Transfer Agent Agreement to add support services and fees for MARS;
and
WHEREAS, Section 6 of the
Transfer Agent Agreement allows for its modification by a written instrument
executed by both parties.
NOW, THEREFORE, the parties
agree that the MARS support
services and fees listed on the attached Exhibit D shall be added to the
Transfer Agent Agreement.
Except to
the extent supplemented hereby, the Transfer Agent Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto
have caused this Addendum to be executed by a duly authorized officer on one or
more counterparts as of the date and year first written
above.
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HOTCHKIS
AND WILEY FUNDS
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U.S.
BANCORP FUND SERVICES, LLC
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By:
/s/ Xxxx Xxxxx
Xxxxx
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By:
/s/ Xxxxxxx
X.
XxXxx
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Printed
Name: Xxxx Xxxxx Xxxxx
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Printed
Name: Xxxxxxx X. XxXxx
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Title:
President
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Title:
Sr. Vice President
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1
Exhibit
D to the Transfer Agent Servicing Agreement – Hotchkis and Wiley
USBFS MARS Support Services
at September, 2007
MARS -- Monthly Support Services
(Compliance Only) Fee: $______ / month
Covered
Services:
Project
Management: If requested by Hotckis and Wiley, additional
project management may be needed for the ongoing support of
MARS. Project management activities may include:
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Recurring
conference calls that can be scheduled for any updates on the product as
well as having general question/answer sessions that the client may have
between scheduled calls.
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·
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Product
enhancement management after
implementation.
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Dedicated Client Service
Team: USBFS shall provide a dedicated support team that can
answer general questions about the product should the client need general
assistance. The Dedicated Client Service Team can:
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Clarify
functionality available in the
system
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Assist
in the creation of reports and
queries
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Work
through and resolve system errors
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·
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Train
client users on general functionality in the system via online
demonstrations
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Be
available Monday-Friday from 8:00am – 5:00pm CST via a shared e-mail and
phone line
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Data
Scrubbing: USBFS will handle the administrative tasks
associated with scrubbing the data in the MARS system within a reasonable amount
of time to the extent the information is available. Data scrubbing
services includes:
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Identifying
and resolving trade errors from undefined transactions,
firm/branches/reps/accounts/customers, system codes and other types of
error drivers
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File Import
Assistance: USBFS will assist in the gathering of intermediary
contact information to determine how, in what format and with what frequency
intermediary data is available for importing into MARS for sales and compliance
purposes. This assistance includes:
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Determining
the contact for the intermediary
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Determining
the data available for the
intermediary
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Establishing
the data mapping for loading non-recurring and non-NSCC Standardized Data
Reporting of intermediary data into the system via a manual importing
process if data is available via a spreadsheet or other usable
format
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Managing
data requests for the NSCC SDR
process
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Compliance Report
Review/Analysis: USBFS will review the daily compliance
reports to identify if compliance rules have been broken. This
includes:
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Accessing
the MARS system to review the compliance reports on a daily
basis
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Contacting
the client if a compliance rule has been
broken
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Assisting
in the research of the rule breaker’s previous
transactions
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Compliance Workflow
Assistance: USBFS will work with the client to identify true
compliance rule breakers and assist in the workflow process to bring additional
intermediary data into the system for review. This
includes:
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Getting
confirmation from the client that the transaction was a rule
breaker
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If
the account was an omnibus account, USBFS will assist in gathering the
intermediary sub-account data for additional compliance
review
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USBFS
will assist in loading the additional intermediary data into the
system
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