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Plan number 301333 <br />MissionSquare Retirement Agreement 4 of 12 <br />(a) Employer is organized in the form and manner recited in the <br />opening paragraph of this Agreement with full power and <br />authority to enter into and perform its obligations under this <br />Agreement and to act for the Plan and participants in the manner <br />contemplated in this Agreement. Execution, delivery, and <br />performance of this Agreement will not conflict with any law, rule, <br />regulation or contract by which the Employer is bound or to which <br />it is a party. <br />(b) Employer understands and agrees that MissionSquare <br />function under this Agreement is to act as recordkeeper and to <br />provide administrative, investment or other services at the <br />direction of Plan participants, the Employer, its agents or <br />designees in accordance with the terms of this Agreement. Under <br />the terms of this Agreement, MissionSquare does not render <br />investment advice, is neither the Plan Administrator nor Plan <br />Sponsor as those terms are defined under applicable federal, <br />state, or local law, and does not provide legal, tax or accounting <br />advice with respect to the creation, adoption or operation of the <br />Plan and its related trust. MissionSquare does not perform any <br />service under this Agreement that might cause MissionSquare to <br />and only, to the extent that MissionSquare provides investment <br />advisory services to individual participants enrolled in Guided <br />Pathways Advisory Services. <br />(c) Employer acknowledges and agrees that MissionSquare does not <br />assume any responsibility with respect to the selection or retention <br />selection of the applicable share class. <br />(d) Employer acknowledges that certain such services to be <br />performed by MissionSquare under this Agreement may be <br />performed by an affiliate or agent of MissionSquare pursuant to <br />one or more other contractual arrangements or relationships, and <br />that MissionSquare reserves the right to change vendors with <br />which it has contracted to provide services in connection with this <br />Agreement without prior notice to Employer. <br />(e) Employer approves the use of its Plan in MissionSquare external <br />media, publications and materials. Examples include press <br />releases announcements and inclusion of the general plan <br />information in request for proposal responses.