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6IPage <br /> limits (Plan Administrator shall retain ultimately authority and responsibility for <br /> determining what notifications and legal documents must be distributed to Participants <br /> and for the actual distribution of such documents); <br /> xxiii. Post notices of all changes in procedures to the BPAS website as directed by the Plan <br /> Administrator; <br /> xxiv. Maintain all informational notices and disclosure materials electronically on the BPAS <br /> website; <br /> xxv. Respond within a reasonable time to written correspondence, inquiries and requests from <br /> Participants or their representatives, providers, service providers and vendors; <br /> xxvi. With respect to the transmission of data by BPAS to a Fund and/or sponsor of the Fund, <br /> provide automated transmissions to Funds for the purchase and redemption transactions <br /> generated by the Plan Administrator, its designee or Participants through BPAS record- <br /> keeping systems (The automated transmissions shall be made through the National <br /> Security Clearing Corporation, a non-profit organization owned by various national stock <br /> exchanges ("NSCC"); <br /> xxvii. Transmit orders from the Plan Administrator for the purchase and redemption of shares <br /> of funds in accordance with the operating procedures set forth in Attachment D <br /> ("Operating Procedures") (Attachment D may be amended or modified by BPAS from time <br /> to time by delivery of a revised Attachment D from BPAS to the Plan Administrator via <br /> electronic means or hard copy. BPAS shall use its best efforts to provide the Plan <br /> Administrator with adequate notice and sufficient information, including a written copy of <br /> the amendment or summary of its provisions, regarding changes to the Operating <br /> Procedures.); <br /> xxviii. Provide Participants with on-going access to the recordkeeping system via a voice <br /> response system ("VRS") and/or website connection on a twenty-four (24) hour basis in <br /> addition to a call center with accessible using a toll-free number (Although BPAS does not <br /> guarantee immediate access or uninterrupted service at any time, BPAS shall use <br /> reasonable efforts to maintain the VRS and website properly using generally accepted <br /> industry standards.); <br /> xxix. Assist the Plan Administrator with complying with reporting requirements, including <br /> without limitation IRS Form 990, IRS Form 5500, and Summary Annual Reports (BPAS shall <br /> provide any information in its possession to facilitate the preparation of the tax returns <br /> and annual reports, but shall not be responsible for preparation or timely submission of <br /> the reports or for obtaining any required audit or accountant's opinion required for <br /> completion of a report); and <br /> xxx. Upon engagement and from time to time as necessary thereafter, disclose to the Plan <br /> Administrator any direct or indirect compensation of the types described in any future <br /> DOL regulations regarding disclosure obligations for service providers to employee benefit <br /> plans. <br /> Section 3.02 BPAS' Compliance Standards. None of the services provided in this Section 3.01 or any Attachments <br /> is intended to require BPAS to exercise discretion or control over the administration of the Plan or the <br /> management of the assets of the Trust, and BPAS may refuse to perform any service that BPAS, in its sole <br /> judgment, determines would cause BPAS to be treated as a "fiduciary" of the Plan. With respect to its <br /> nondiscretionary duties under this Agreement, BPAS shall perform them (a) in accordance with the documents <br /> governing the operations of the Plan and Trust, and with the procedures adopted, and the directions provided by <br /> the Plan Administrator as modified from time to time, (b) with the care, skill, prudence and diligence that a <br /> commercially reasonable third party administrator of a benefit plan would use under similar circumstances, and <br /> (c) in a manner that does not subordinate the interests of the Trust to those of BPAS' other clients. <br /> VEBA Administrative Service Agreement (405512) <br />