Exhibit 23(h)(2)(c)
SECOND AMENDMENT TO
ADMINISTRATION AGREEMENT
This Amendment is made as of September 21, 2001 between THE EMPIRE BUILDER
TAX-FREE BOND FUND, a Massachusetts business trust (the "Trust"), an open-end
investment management company registered under the Investment Company Act of
1940 and BISYS FUND SERVICES OHIO, INC. (the "Administrator"), an Ohio
corporation having its principal place of business at 0000 Xxxxxxx Xxxx, Xxxxx
0000, Xxxxxxxx, Xxxx 00000. The parties hereby amend the Administration
Agreement (the "Agreement") between the Trust and Administrator, dated as of
October 1, 1996, as amended January 1, 2000, as set forth below.
WHEREAS, Administrator, in its capacity as administrator for the Trust,
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, the Trust and 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 to Administrator, or collected or retained by
Administrator to perform their duties as administrator of the Trust shall be
considered confidential information. Administrator shall not give, sell or in
any way transfer such confidential information to any person or entity, other
than affiliates of Administrator except at the direction of the Trust or as
required or permitted by law.
2. Procedural Safeguards. 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. The Trust represents to Administrator that it has
adopted a statement of its privacy policies and practices as required by
Securities and Exchange Commission Regulation S-P and agrees to provide
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 September
11, 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.
THE EMPIRE BUILDER TAX-FREE
BOND FUND
By: /s/ Manderley Rush
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Title: Vice President
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BISYS FUND SERVICES OHIO, INC.
By: /s/ Xxxxxxx X. Xxxxx
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Title: President
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