1986-07-28 Regular Meeting - Laserfiche WebLink

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e e ~ ... 6. Independent Contractor. It is understood and agreed that the Contract Administrator and Consultant is engaged to per- form services under this Agreement as an independent contractor. The Contract Administrator and Consultant shaH use its best efforts to implement such written instructions, if any, as to policy and procedures which may be given by the Plan Sponsor provided that such instructions are consistent and compatible with the description of services to be performed by the Contract Administrator and Consultant and any laws or regulations, including but not limited to the Employee Retirement Income Security Act of 1974, as amended. 7. Plan Sponsor. The term "Plan Sponsor" shall be defined to include the employer or corporation sponsoring the Plan or Trustees of the Trust sponsoring the Plan who serve at the time of execution of this Contract and shaH also include suc- cessors or successor trustees serving from time to time during the term of the Contract. The Contract Administrator and Con- sultant shall be entitled to rely upon the Plan Sponsor's notice or instructions. 8. Assignment. The Contract Administrator and Consultant shaH neither assign nor delegate to any person or entity the duties, obligations or responsibilities of this contract without prior written approval from the Plan Sponsor. 9. Indemnificalion. The Contract Administrator and Consultant agrees to be responsible for reasonable damages as provi- ded by law for any acts or omissions wherein the Contract Administrator and Consultant is finally adjudged or willfuHy acknowledges it is guilty of want of reasonable and ordinary care, gross negligence, willful misconduct or lack of good faith. The Plan Sponsor agrees to indemnify, hold harmless and defend the Contract Administrator and Consultant for any acts or omissions of the Contract Administrator and Consultant not caused by gross negligence, willful misconduct or lack of good faith or want of reasonable and ordinary care. 10. Additional Services. Any changes in the Plan found to be compatible with existing systems and procedures and approved by the Contract Administrator and Consultant which require additional programming, reports or services will be at the ex- pense of the Plan Sponsor. The Plan Sponsor agrees to make changes in benefits effective only at the beginning of the plan year, aHowing sixty (60) days prior notice to the Contract Administrator and Consultant. Exceptions must be agreed upon by the Contract Administrator and Consultant. II. Other Applicable Agreemenls. The Following James Benefits' agreements are by this reference incorporated in this Contract: Form Number Plan Sponsor's Initials Title of Agreement Exhibit A Administrativ~ S~rvices Exhibit B Consulting S~rvicp~ Date AX 7/R5 6/24/R6 . fin4/Rfi 6/24/86 r.X 7/R5 12. Additional Agreemenls. This contract may not be modified, changed, or additions made, without putting the modifications, changes, or additions in writing and having both parties to this contract sign such writing. By Plan Sponsor Date By Contract Administrator and Consultant Date .... ACC 7/85 3