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it cannot promote or otherwise encourage Plan participants to engage BPASFS for any personal <br /> investment-related services unrelated to the Plan. <br /> In no event will BPASFS's investment services under this agreement include providing individualized <br /> advice to Plan participants regarding the investment of their accounts under the Plan. BPASFS may <br /> provide non-fiduciary education, including guidance concerning the availability of withdrawals and <br /> rollovers from the Plan, but will not discuss the advisability of withdrawals or rollovers. Client <br /> acknowledges that any personal investment-related services provided by BPASFS to an individual <br /> relating to the individual's personal investment account, individual retirement account, or individual <br /> annuity by their nature will not involve any Plan-related fiduciary advice. <br /> 12. INDEMNITIES. BPASFS is relying upon information provided to BPASFS by the Client and the Client <br /> is solely responsible for the accuracy of the information. <br /> Client acknowledges that BPASFS makes judgmental evaluations before providing specific investment <br /> opportunities to Client. Client acknowledges that BPASFS's judgmental evaluations depend upon <br /> information from publicly available sources, and that BPASFS does not have any sources of non- <br /> publicly available information. <br /> Client acknowledges that BPASFS's investment decisions will place the Client and the participants of <br /> the Plan under some risk,and that this risk can result in Client and the participants of the Plan losing <br /> investment capital and/or investment income. <br /> THE FEDERAL AND STATE SECURITIES LAWS IMPOSE LIABILITIES UNDER CERTAIN <br /> CIRCUMSTANCES ON PERSONS WHO ACT IN GOOD FAITH, AND THEREFORE NOTHING <br /> HEREIN SHALL IN ANY WAY CONSTITUTE A WAIVER OR LIMITATION OF ANY RIGHTS <br /> WHICH THE CLIENT OF BPASFS MAY HAVE UNDER ANY FEDERAL OR STATE SECURITIES <br /> LAWS. <br /> 13. CLIENT'S OTHER PROFESSIONALS. Client should retain, separately, Client's own attorneys, <br /> accountants, and other financial services professionals. Client agrees that Client's own attorneys, <br /> accountants and other financial services professionals shall be solely responsible for the preparation <br /> and accuracy of legal advice,legal opinions,legal documents,accounting documents,tax opinions and <br /> tax returns. <br /> Client acknowledges that BPASFS cannot provide legal advice, legal opinions or legal documents. <br /> Client further acknowledges that BPASFS does not prepare or provide audit documents,tax opinions or <br /> tax returns. Client agrees to direct Client's other professionals to provide to BPASFS all documents, <br /> opinions, information and research requested by BPASFS and to cooperate fully with BPASFS at <br /> Client's expense. <br /> 14. ASSIGNMENT. BPASFS may assign to an affiliate or successor its duties and obligations herein,at its <br /> sole discretion,upon 60 days'written notice. <br /> 15. NOTICE. Any and all notices,designations,consents,offers,acceptances,or any other communications <br /> provided for herein shall be given in writing and shall be deemed to have been duly given, if: (A) <br /> delivered personally; (B) transmitted by prepaid facsimile, telegram or telex, if confirmed within <br /> twenty-four (24) hours thereafter by a signed original; (C) sent by a nationally recognized express <br /> courier service,postage or delivery charges prepaid,then such item shall be presumed delivered within <br /> one(1)business day thereafter;or(D)sent by certified mail,return receipt requested. <br />