Agmt 2004 Hartford Life Insurance Company

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deemed accepted try the Emplv,~er. Nolwithstandmg the foregoing, it is expressly understood ttmt, where required by law, this Agreement may be amended bl I-~rtford life upon written nbtice without the carserrt of the Employer. Y2P1711112tIC 121 This Agresmerrt may be terminated without airy further IiabAity of either party for airy obliga5on maturing subsequent to the date of such termination, upon W days writlen notice to the other patty. 122 Withrtr 9D days of termination of th~ Agreement, Hartford Life shall delver to the Plan Sponsor arty r~rorts required by this Agreement which (rave rwtalr~dy been provided. 12.3 Ths Agreement is contingent upon the existence of an Investment Artangemertl. For the purposes of this Agreement, the Iraestmerd Araangemeni shay remain in effect through February 28, 2009, unless diskxm5nued prior to that date. If the Invesbnorrt Arrangement a dstxxrtinuad, this Agreement automaficatly terminates as of the date the Investment Arangement 's discon5nued. Discon5nuar~e of the Investment Artangement wit not affect airy obligatron of Hartford Life under Section 5.0 of this Agreement to ParScipants who have became entitled to payments under the Irvestment Arangement and the Plan priorto such discon5nkmnce. 124 For purposes of this SecSon 12, Hartford life shatl perform certain func5ons which indude, but are mat limited to: a) upon r~eipt of written notice #o Hartford Life that the Inve; tmerrt Arrangem~t ~ being dscar5nued, Hertfoni Life wiR produce a D'scontinuance Quote within 10 business ~: b1 Hertford Life wid schedule .the liquidation of assets at the close of business (4:00 PM Eastern Time) an the date identified by the Plan Sporrsor in the Dscorrfinuance Quote, and agreed fi by Hartford Life; c) all assess wig be wired to the accep5ng ins5hr5on by 4:OD PM Eastern Time on the fdlowing business day. A p~n- level balance breakdown may also be provided to the akx~pting institution upon request; dj no later than five business days follovring the wire date, Hartford Life will provide deM~iled electronic par5dpant-laud financial data to the accep5ng institution. 1 • rr 13.1 The responsibitity of Hartford life is trotted to the terms of ths Agreement Nothing in ths Agreement shall be construed to make Fartford life responsible for the Plan or Plan Trust or to confer responstl~ilities upon Hartford Life exc~t for arose expressly provided for in ths Agreement. Ttm: Plan Sponsor agrees and adarowledges that no discretionary resparsixliiy s hereby conferred upon or assumed by liartfnrd Life under this Agreement The Plan Sponsor hereiry acknowledges that Hartford Life does not agree, pursuant to the Agreement a otherwise, io provide tax, legal, or investment advice. . 13.2 Hartford Lrfe shall perform its obligations hereunder ~ agent for the Plan Sponsor and only in accordance wrtt irrstructiors recenred from those persons authorized to act a behalf ~ the Plan Sponsor as specfied to Hartford life in wri5ng. 13.3 The Plan Sponsor understands that all services performed and reports prepared pursuant to this Agreement wit be based on information provided by the Plan Sponsor and that Hartford Life shall incur no 5abiily end r~porrslbiliy for the performarxe of such serve and prepara5on of such reports un~ and unless such informafion as Hartford Ltle shall request is provided. Hartford Life shall be entitled io rely on the information srtbmitled ~ io eccuraky and canpleteness and assume no oblgfation or duty to verify such infama5on. The Plan Sponsor understands that a5 services performed and reports prepared pursuant to the Agreement wit be in satsfac5on of this Agreemer, Whore the hrforna5on provided to Hartford life by the Plan Sponsor was incortect, and where services previously provided, based ar sk~h incorrect mforna5on, must be per(omred again, Hartford Life reserves the right to charge additior>el fees. Hartford Lie shall have no responsibility or IiabTity for airy prar, inadequacy, or omission wh~h results from inacciaate infortna5on, data documerr>s or other records provided to Hartford Life. The performance of obligations hereunder s srrbjed to force majeure and is excused by frees, power faaures, strikes, ads of God, restric5ons imposed by government, or delays beyond the cordrd of the delayed party. 13.4 Plan Sponsor hereby agrees that Flartford Life, its of5cas, empbyees, hookers, registered representalves, yerxiors and professional advisors (such as attorneys, aa~untants and actuaries) may use and dsdose Pmn and Partic~ant irrformetian Doty to made or assist it in the performance of its duties hereunder and with other Pfan .related ac5vities and- eulhor¢es Hertford life to disdose Plan and PerGcipant informaton to the Plan's agent of reckxd on file with Hartford Life. Plan and Participant information m~ also be used or disdosed by Hartford Life to other third parses pursuant to a written akrthorizadion signed by the Plan Sponsor. Notwithstanding anything to the contrary contained herein, tl is expressly understood that Hartford Life retains the right to tse arty and a0 information in its possession in connec5on with tls defense and/or prosecution of any titi~tion which may arise in connec5on with' ths Agreement, the Investment Arrangement funding the Plan, or the Plan. 13.5 Where information needed to perform serves under this Agreement is not received in good order, the Phn 5pansa 457 A5A - 01-03