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Plan numbers 305497, 100463 <br />customized plan document, MissionSquare shall not be <br />responsible for the eligible status of the 457(b) Plan to the extent <br />affected by terms in the Employer's plan document that differ from <br />those in MissionSquare's model plan document. MissionSquare <br />shall not be responsible for monitoring local law applicable to <br />retirement plans or for administering the 457(b) Plan in compliance <br />with local requirements regarding plan administration unless <br />Employer notifies MissionSquare of any such local requirements. <br />(c)(ii) MissionSquare shall maintain and administer the 401(a) Plan in <br />accordance with the requirements for plans which satisfy the <br />qualification requirements of Section 401 of the Internal Revenue <br />Code and other applicable federal law; provided, however, <br />MissionSquare shall not be responsible for the qualified status of <br />the 401(a) Plan in the event that the Employer directs <br />MissionSquare to administerthe 401(a) Plan or disburse assets in a <br />manner inconsistent with the requirements of Section 401 or <br />otherwise causes the 401(a) Plan not to be carried out in <br />accordance with its terms; provided, further, that if the plan <br />document used by the Employer contains terms that differ from the <br />terms of MissionSquare's model plan document, MissionSquare <br />shall not be responsible for the qualified status of the 401(a) Plan <br />to the extent affected by the differing terms in the Employer's plan <br />document. MissionSquare shall not be responsible for monitoring <br />local law applicable to retirement plans or for administering the <br />401(a) Plan in compliance with local requirements regarding plan <br />administration unless Employer notifies MissionSquare of any such <br />local requirements. <br />6. Employer Representations and Warranties <br />Employer represents and warrants to MissionSquare that: <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's sole <br />function under this Agreement is to act as recordkeeper and to <br />provide administrative, investment or other services at the <br />MissionSquare Retirement Agreement 4 of 14 <br />