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Plan numbers 305497, 100463 <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 />be treated as a "fiduciary" of the Plan under applicable law, except, <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 />of the Plan's investment options. Employer shall have exclusive <br />responsibility for the Plan's investment options, including the <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. <br />7. Participation in Certain Proceedings <br />The Employer hereby authorizes MissionSquare to act as agent, to appear on its <br />behalf, and to join the Employer as a necessary party in all legal proceedings <br />involving the garnishment of benefits or the transfer of benefits pursuant to the <br />divorce or separation of participants in the Plan. Unless Employer notifies <br />MissionSquare otherwise, Employer consents to the disbursement by <br />MissionSquare of benefits that have been garnished or transferred to a former <br />spouse, current spouse, or child pursuant to a domestic relations order or child <br />support order. <br />MissionSquare Retirement Agreement 5 of 14 <br />