Exhibit (h)(v) under Form N-1A
Exhibit 10 under Item 601/Reg. SK
Amendment to
Agreement for Fund Accounting,
Shareholder Recordkeeping
and Custody Services Procurement
between
FirstMerit Funds
and
Federated Services Company
This Amendment to the Agreement for Fund Accounting, Shareholder
Recordkeeping and Custody Services Procurement ("Agreement") dated
December 1, 1994, between FirstMerit Funds ("Fund") and Federated Services
Company ("Service Provider") is made and entered into as of the 1st day of
June, 2001.
WHEREAS, the Fund has entered into the Agreement with the Service
Provider;
WHEREAS, the Securities and Exchange Commission has adopted
Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals
who obtain a financial product or service for personal, family or
household use;
WHEREAS, Regulation S-P permits financial institutions, such as the
Fund, to disclose "nonpublic personal information" ("NPI") of its
"customers" and "consumers" (as those terms are therein defined in
Regulation S-P) to affiliated and nonaffiliated third parties of the Fund,
without giving such customers and consumers the ability to opt out of such
disclosure, for the limited purposes of processing and servicing
transactions (17 CFR ss. 248.14) ("Section 248.14 NPI"); for specified law
enforcement and miscellaneous purposes (17 CFR ss. 248.15) ("Section 248.15
NPI") ; and to service providers or in connection with joint marketing
arrangements (17 CFR ss. 248.13) ("Section 248.13 NPI");
WHEREAS, Regulation S-P provides that the right of a customer and
consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR
ss. 248.7 and 17 CFR ss. 248.10 does not apply when the NPI is disclosed to
service providers or in connection with joint marketing arrangements,
provided the Fund and third party enter into a contractual agreement that
prohibits the third party from disclosing or using the information other
than to carry out the purposes for which the Fund disclosed the
information (17 CFR ss. 248.13);
NOW, THEREFORE, the parties intending to be legally bound agree as
follows:
The Fund and the Service Provider hereby acknowledge that the Fund
may disclose shareholder NPI to the Service Provider as agent of
the Fund and solely in furtherance of fulfilling the Service
Provider's contractual obligations under the Agreement in the
ordinary course of business to support the Fund and its
shareholders.
The Service Provider hereby agrees to be bound to use and redisclose
such NPI only for the limited purpose of fulfilling its duties
and obligations under the Agreement, for law enforcement and
miscellaneous purposes as permitted in 17 CFR xx.xx. 248.15, or in
connection with joint marketing arrangements that the Funds may
establish with the Service Provider in accordance with the
limited exception set forth in 17 CFR ss. 248.13.
The Service Provider further represents and warrants that, in
accordance with 17 CFR ss. 248.30, it has implemented, and will
continue to carry out for the term of the Agreement, policies and
procedures reasonably designed to:
o insure the security and confidentiality of records and NPI of Fund
customers,
o protect against any anticipated threats or hazards to the security
or integrity of Fund customer records and NPI, and
o protect against unauthorized access to or use of such Fund customer
records or NPI that could result in substantial harm or
inconvenience to any Fund customer.
4. The Service Provider may redisclose Section 248.13 NPI only to: (a)
the Funds and affiliated persons of the Funds ("Fund Affiliates"); (b)
affiliated persons of the Service Provider ("Service Provider Affiliates")
(which in turn may disclose or use the information only to the extent
permitted under the original receipt); (c) a third party not affiliated
with the Service Provider of the Funds ("Nonaffiliated Third Party") under
the service and processing (ss.248.14) or miscellaneous (ss.248.15)
exceptions, but only in the ordinary course of business to carry out the
activity covered by the exception under which the Service Provider
received the information in the first instance; and (d) a Nonaffiliated
Third Party under the service provider and joint marketing exception
(ss.248.13), provided the Service Provider enters into a written contract
with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third
Party from disclosing or using the information other than to carry out the
purposes for which the Funds disclosed the information in the first
instance.
5. The Service Provider may redisclose Section 248.14 NPI and Section
248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider
Affiliates (which in turn may disclose the information to the same extent
permitted under the original receipt); and (c) a Nonaffiliated Third Party
to whom the Funds might lawfully have disclosed NPI directly.
6. The Service Provider is obligated to maintain beyond the termination
date of the Agreement the confidentiality of any NPI it receives
from the Fund in connection with the Agreement or any joint
marketing arrangement, and hereby agrees that this Amendment shall
survive such termination.
WITNESS the due execution hereof this 1st day of June, 2001.
FirstMerit Funds
By:/s/ Xxxx X. Xxxxxxxxx
-------------------------------------
Name: Xxxx X. Xxxxxxxxx
Title: Vice President
Federated Services Company
By:/s/ Xxxxxx X. Xxxxxxx
Name: Xxxxxx X. Xxxxxxx
Title: Vice President
