Exhibit No. EX. 99.h.3.C
THE XXXXXXX FUNDS
AMENDMENT TO THE TRANSFER AGENT SERVICING AGREEMENT
THIS AMENDMENT dated as of April 24, 2002 to the Transfer Agent Servicing
Agreement, as amended, dated as of February 27, 1998, by and between The Xxxxxxx
Funds, 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 7 Proprietary and Confidential Information shall be amended and
replaced in its entirety as follows:
7. 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 Company all
records and other information relative to the Company and prior, present,
or potential shareholders (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 Company, 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 after being
requested to divulge such information by duly constituted authorities, or
when so requested by the Company.
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 with 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.
THE XXXXXXX FUNDS U.S. BANCORP FUND SERVICES, LLC
By: /s/ Xxxxxxx Xxxxx By: /s/ Xxxxxx Xxxxxxxxx
