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Plan number 301333 <br /> <br />MissionSquare Retirement Agreement 3 of 12 <br />electronic data feeds from external sources (such as Morningstar) or the third- <br />party investment option providers, the Employer is responsible for providing to <br />MissionSquare timely investment option updates for disclosure to Plan <br />participants. Such updates may be provided to MissionSquare through the <br />Employer’s investment consultant or other designated representative. <br /> <br />4. MissionSquare Representations and Warranties <br /> <br />MissionSquare represents and warrants to Employer that: <br /> <br />(a) MissionSquare is a non-profit corporation with full power and <br />authority to enter into this Agreement and to perform its <br />obligations under this Agreement. The ability of MissionSquare, or <br />its wholly owned subsidiary, to serve as investment adviser to <br />VantageTrust Company is dependent upon the continued <br />willingness of VantageTrust Company for MissionSquare, or its <br />wholly owned subsidiary, to serve in that capacity. <br /> <br />(b) MissionSquare is an investment adviser registered as such with the <br />U.S. Securities and Exchange Commission under the Investment <br />Advisers Act of 1940, as amended. <br /> <br />(c) MissionSquare shall maintain and administer the Plan in <br />accordance with the requirements for eligible deferred <br />compensation plans under Section 457 of the Internal Revenue <br />Code and other applicable federal law; provided, however, that <br />MissionSquare shall not be responsible for the eligible status of the <br />Plan in the event that the Employer directs MissionSquare to <br />administer the Plan or disburse assets in a manner inconsistent with <br />the requirements of Section 457 or otherwise causes the Plan not <br />to be carried out in accordance with its terms. Further, in the event <br />that the Employer uses its own customized plan document, <br />MissionSquare shall not be responsible for the eligible status of the <br />Plan to the extent affected by terms in the Employer’s plan <br />document that differ from those in MissionSquare’s model plan <br />document. MissionSquare shall not be responsible for monitoring <br />state or local law applicable to retirement plans or for <br />administering the Plan in compliance with local or state <br />requirements regarding plan administration unless Employer <br />notifies MissionSquare of any such local or state requirements. <br /> <br />5. Employer Representations and Warranties <br /> <br />Employer represents and warrants to MissionSquare that: <br />