Exhibit (h)(8)(i)
AMENDMENT TO
SUB-ADMINSTRATION AGREEMENT
This Agreement is made as of July 26, 2001 between BISYS FUND SERVICES,
OHIO, INC. (the "Administrator"), an Ohio corporation having its principal place
of business at 0000 Xxxxxxx Xxxx, Xxxxx 0000, Xxxxxxxx, XX 00000, and BANK OF
OKLAHOMA, N.A., or its successors and assigns, (the "Sub-Administrator"), a
national bank with its principal office at Xxx Xxxxxxxx Xxxxxx, Xxxxx, XX 00000.
The parties hereby amend the Sub-Administration Agreement (the "Agreement")
between the Administrator and Sub-Administrator, dated as of September 15, 1999,
as set forth below.
WHEREAS, Administrator, in its capacity as administrator for the
AMERICAN PERFORMANCE FUNDS (the "Trust"), and the Sub-Administrator, may
collect, retain or have access to nonpublic personal financial information
relating to consumers or customers of the Trust (as those terms are defined
under Public Law 106-102, titled the Xxxxx-Xxxxx-Xxxxxx Act) to perform services
for, or functions on behalf of the Trust; and
WHEREAS, Administrator and the Sub-Administrator desire to protect the
confidentiality and security of nonpublic personal financial information
relating to consumers or customers of the Trust.
NOW THEREFORE, in consideration of the mutual premises and covenants
herein set forth, the parties agree as follows:
1. CONFIDENTIALITY OF INFORMATION. Nonpublic personal financial
information relating to consumers or customers of the Trust provided by, or at
the direction of the Trust or Administrator to the Sub-Administrator, or
collected or retained by the Sub-Administrator to perform their duties as
sub-administrator of the Trust shall be considered confidential information. The
Sub-Administrator shall not give, sell or in any way transfer such confidential
information to any person or entity, other than affiliates of Administrator or
the Sub-Administrator except at the direction of the Trust or Administrator or
as required or permitted by law.
2. PROCEDURAL SAFEGUARDS. The Sub-Administrator shall maintain
physical, electronic and procedural safeguards reasonably designed to protect
the security, confidentiality and integrity of, and to prevent unauthorized
access to or use of records and information relating to consumers and customers
of the Trust
3. TRUST PRIVACY POLICY. Administrator represents to the
Sub-Administrator that the Trust has adopted a statement of its privacy policies
and practices as required by Securities and Exchange Commission Regulation S-P
and Administrator agrees to provide the Sub-Administrator with a copy of that
statement annually.
4. GOVERNING LAW. This Agreement shall be governed by, and provisions
shall be construed in accordance with, the laws of the State of Ohio.
5. EFFECTIVE DATE. The effective date of this amendment shall be July
26, 2001.
6. MISCELLANEOUS. This Amendment may be executed in one or more
counterparts, each of which will be deemed an original, but all of which
together shall constitute one and the same instrument. Except as specifically
set forth herein, all other provisions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
fully executed as of the day and year first written above.
BISYS FUND SERVICES OHIO, INC.
By: /s/ Xxxxxxx X. Xxxxx
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Title: President
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BANK OF OKLAHOMA, N.A.
By: /s/ Xxxxxxx X. Xxxxx
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Title: Vice President
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