Laserfiche WebLink
Plan number 301333 <br /> 4. ICMA-RC Representations and Warranties <br /> ICMA-RC represents and warrants to Employer that: <br /> (a) ICMA-RC is a non-profit corporation with full power and authority to <br /> enter into this Agreement and to perform its obligations under this <br /> Agreement. The ability of ICMA-RC, or its wholly owned subsidiary,to <br /> serve as investment adviser to VantageTrust Company is dependent upon <br /> the continued willingness of VantageTrust Company for ICMA-RC, or its <br /> wholly owned subsidiary,to serve in that capacity. <br /> (b) ICMA-RC is an investment adviser registered as such with the U.S. <br /> Securities and Exchange Commission under the Investment Advisers Act <br /> of 1940,as amended. <br /> (c) ICMA-RC shall maintain and administer the Plan in accordance with the <br /> requirements for eligible deferred compensation plans under Section 457 <br /> of the Internal Revenue Code and other applicable federal law;provided, <br /> however,that ICMA-RC shall not be responsible for the eligible status of <br /> the Plan in the event that the Employer directs ICMA-RC to administer the <br /> Plan or disburse assets in a manner inconsistent with the requirements of <br /> Section 457 or otherwise causes the Plan not to be carried out in <br /> accordance with its terms. Further,in the event that the Employer uses its <br /> own customized plan document,ICMA-RC shall not be responsible for <br /> the eligible status of the Plan to the extent affected by terms in the <br /> Employer's plan document that differ from those in ICMA-RC's standard <br /> plan document. ICMA-RC shall not be responsible for monitoring state or <br /> local law applicable to retirement plans or for administering the Plan in <br /> compliance with local or state requirements regarding plan administration <br /> unless Employer notifies ICMA-RC of any such local or state <br /> requirements. <br /> 5. Employer Representations and Warranties <br /> Employer represents and warrants to ICMA-RC that: <br /> (a) Employer is organized in the form and manner recited in the opening <br /> paragraph of this Agreement with full power and authority to enter into <br /> and perform its obligations under this Agreement and to act for the Plan <br /> and participants in the manner contemplated in this Agreement. Execution, <br /> delivery,and performance of this Agreement will not conflict with any <br /> law,rule,regulation or contract by which the Employer is bound or to <br /> which it is a party. <br /> (b) Employer understands and agrees that ICMA-RC's sole function under <br /> this Agreement is to act as recordkeeper and to provide administrative, <br /> investment or other services at the direction of Plan participants, the <br /> 3 of 13 <br />