Exhibit (h)(6)(c)
CUSTOMER IDENTIFICATION SERVICES AMENDMENT
This Customer Identification Services Amendment (this "AMENDMENT") amends,
as of the 1st day of October, 2003 (the "EFFECTIVE DATE"), the Sub-Transfer
Agency Services Agreement, dated as of July 1, 1996, as subsequently amended,
between Xxxxxx Trust & Savings Bank (the "COMPANY") and PFPC Inc. ("PFPC") (the
"Agreement") for services to be performed for Xxxxxx Insight Funds Trust (the
"TRUST" or the "FUNDS"), in connection with the Trust's Customer Identification
Program ("CIP").
For valuable consideration, the receipt and sufficiency of which the
parties hereto hereby acknowledge, the Company and PFPC hereby agree as follows:
SECTION 1 (ADDITION OF CIP SERVICES SECTION TO THE AGREEMENT). As of the
Effective Date, the Agreement shall (without any further action by either of the
parties hereto) be amended by the addition of the following as Section 22:
"SECTION 22. CIP SERVICES. PFPC or its agent will do the following:
(a) Implement procedures under which PFPC or its agent obtains the name,
date of birth (for natural persons only), address and
government-issued identification number (collectively, the "DATA
ELEMENTS") for each corresponding CUSTOMER (as defined in 31 CFR
103.131).
(b) Use collected Data Elements to reasonably verify the identity of each
Customer promptly before or after PFPC opens (for the Trust) each
corresponding new account. Methods may consist of non-documentary
methods (for which PFPC or its agent may use unaffiliated information
vendors to assist with such verifications) and documentary methods (as
permitted by 31 CFR 103.131), and may include procedures under which
personnel of PFPC or its agent perform enhanced due diligence to
verify the identities of Customers the identities of whom were not
successfully verified through the first-level verification process(es)
(which will typically be reliance on results obtained from an
information vendor).
(c) Record the Data Elements and maintain records relating to verification
of identities of new Customers consistent with 31 CFR 103.131(b)(3).
(d) Implement procedures for determining whether a customer appears on any
list of known or suspected terrorists or terrorist organizations
issued by any federal government agency consistent with 31 CFR
103.(b)(4)
(e) Implement applicable procedures, as directed by the Company, by which
a Customer receives adequate notice that the Trust is requesting
information to verify the Customer's identity, consistent with 31 CFR
103.(b)(5) about the Trust's CIP; provided that PFPC need not bear
costs associated exclusively with the printing of notices to comply
with 31 CFR 103(b)(5), except to the extent PFPC's negligence
necessitates such printing.
(f) Regularly report to the Company and the Trust about measures taken
under (a)-(e) above.
(g) Set forth on a separate fee schedule compensation amounts due for
these CIP Services.
Notwithstanding anything to the contrary, and without expanding the
scope of the express language above, PFPC or its agent need not
collect the Data Elements concerning Customers beyond the requirements
of then relevant regulation, and PFPC or its agent need not perform
any task that need not be performed for the Trust to be in compliance
with relevant regulation.
The Company and PFPC agree that the Trust does not accept exchanges
from any other legal entity and that exchanges occur only among or
between portfolios of the Trust.
SECTION 2 (GENERAL PROVISIONS). This Amendment contains the entire
understanding between the parties with respect to the services contemplated
hereby. Except as expressly set forth herein, the Agreement shall remain
unaffected hereby.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized officers, as of the day and year first above
written.
XXXXXX TRUST AND SAVINGS BANK
By: /s/ Xxxxxxx X. Xxxxxxx
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Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
PFPC INC.
By: /s/ Xxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx
Title: Vice President and Director
Transfer Agency Division
