Exhibit (h) (vii) under Form N-1A
Exhibit 10 under Item 601/Reg. S-K
Amendment #3 to Agreement for Fund Accounting Services, Administrative
Services and Transfer Agency Services
This Amendment #3 to the Agreement for Fund Accounting Services,
Administrative Services and Transfer Agency Services, dated March 1, 1996 (as
amended, the "Agreement") by and between WesMark Funds (the "Investment
Company") and Federated Services Company (the "Company") is made this 1st day of
July, 2004 by and between the Investment Company and the Company.
WHEREAS, the Company is selling its transfer agency business to Boston
Financial Data Services, Inc. ("BFDS") and will no longer be providing transfer
agency services under the Agreement;
WHEREAS, BFDS has indicated its willingness to provide transfer agency
services to the Investment Company on terms identical to those contained in the
Agreement;
WHEREAS, the Investment Company and BFDS intend to enter into a separate
agreement regarding the provision of transfer agency services by BFDS to the
Investment Company on terms identical to those contained in the Agreement;
WHEREAS, the parties wish to amend the Agreement as indicated herein to
reflect that the Company will no longer being providing transfer agency services
to the Investment Company.
NOW, THEREFORE, in consideration of the mutual promises contained within
the Agreement and the promises contained herein and for other good and
sufficient consideration, the parties, intending to be legally bound, agree as
follows:
1. Effective as of the date hereof, the Company shall no longer provide the
transfer agency services described in the Agreement, including but not
limited to all transfer agency services described in Section Three of the
Agreement. The Company shall have no further obligation with regard to such
services for the period from and after the date hereof and the Investment
Company shall look solely to any agreement it may have with BFDS regarding
such services.
If any provision of this Amendment conflicts in whole or in part, with the
terms and conditions of the Agreement, then the provisions of this Amendment
shall control. All other terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, the parties have caused this Amendment #3 to be
executed as of the date first above written by their duly authorized
representatives.
WESMARK FUNDS FEDERATED SERVICES COMPANY
By: /s/ Xxxx X. Xxxxxxxxx By: /s/ Xxxxxx X. Xxxxxxx
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Title: Vice President Title: Treasurer
