XXXXXX SERIES TRUST
Amendment to the FULFILLMENT servicing agreement
THIS AMENDMENT dated as of March 11, 2002 to the Fulfillment Servicing
Agreement, as amended, dated as of February 13, 1997, by and between Xxxxxx
Series Trust, a Delaware business trust, and U.S Bancorp Fund Services, LLC
(formerly Firstar Mutual Fund Services, LLC), a Wisconsin limited liability
company shall be as follows:
Paragraph 6 Proprietary and Confidential Information shall be amended and
replaced in its entirety as follows:
6. Proprietary and Confidential Information
USBFS 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 after
prior notification to and approval in writing by the Trust, which approval
shall not be unreasonably withheld and may not be withheld where USBFS may
be exposed to civil or criminal contempt proceedings for failure to comply,
when requested to divulge such information by duly constituted authorities,
or when so requested by the Trust.
Further, USBFS 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 (the "Act"). Notwithstanding the foregoing, USBFS will not
share any nonpublic personal information concerning any of the Trust's
shareholders to any third party unless specifically directed by the Trust
or allowed under one of the exceptions noted under the Act.
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 day
and year first written above.
XXXXXX SERIES TRUST U.S. BANCORP FUND SERVICES, LLC
By: _____________________________ By: _____________________________