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auttror¢es Hartford t~fe to r:arrtaci arty employee at h~ or her
<br />home or business address io obtain addi§onal information.
<br />13.6 Hartfofd life shall conduct an imemal audit from time to
<br />time and stral prorptly nofify tfre Plan Sponsor of cry material
<br />irregularities that world affect the aeration of the Plan.
<br />13.7 Unless otherw~e agreed to in writing by the Plan Sponsor,
<br />neither Hertford life nor its agents shall use information obtaned
<br />under the Ptan to directly or inciredly sd~ii Part~nts with
<br />respect to airy Hartford life product not a part of the Plan witiwut.
<br />the prior consent of the Plan Sponsor. NotwithstanrGng the
<br />foregoing, nothing in this Agreement still prohibit Hartford Life
<br />from solicitations undertaken in the or~nary course of Hartford
<br />Life's business using Isla stained from sources other than fire
<br />Plan Sponsor.
<br />13.6 The failure of the Plan 5poruor or Hartford Life at any time
<br />to enforce a provisiot of this Agreement abet in no way
<br />constitute a waiver of the provssion, nor in arty way affect the
<br />validity of ttris Agreement or arty part ttereaf, or the fight of the
<br />Plan Sponsor ar Hartford Life ttrereafter to enforce each and
<br />every provision thereof.
<br />13.8 Hartford Life may assign ifs rights and obigaiions under this
<br />Agreement to an affiiate or subsidiary cornpary without the
<br />written consent of Plan Sponsor. However, cry other
<br />assignment of tfis Agreement, or arty part of tl, without the
<br />written corBent of the other party sl~ll be vdd.
<br />13.10 Any rrotices provided for herein shag be in writing and shall
<br />be delivered personally, ar sent ~ facsimile dance, express
<br />delivery or regstered or certified United States mail, postage
<br />prepaid, ration receipt requested and shall be deemed to have
<br />bean given when received by,
<br />the Plan Sponsor Conthc:t as referenced in Sedign 21
<br />of this Agreertreni arrrYor io such other persons at such
<br />other addresses which the Plan Sponsor has
<br />tieaigrrated in writing;
<br />Hartford Lffe:
<br />Director, Service CenierC~erations
<br />Retirement Plan Sglutions
<br />fartford Life Insrirance Cpmpany
<br />P.Q. Box 2999
<br />Hartford, GT 06104-2999
<br />13.11 Irxlemn'ri~a5on by the Plan Sponsor -The Plan Sponsor
<br />agrees to indemnify, defend and hdd trormless Hartford Life, its
<br />subsidiaries, affiliates, officers, drectars, employees and agents
<br />front and against arty and all loss, damage or fiabiliiy assessed
<br />against Hartford Life or.incirrred bf' Hartford Life a{ising out of or
<br />in connection wtlh any Beim, action or suit brought or asserted
<br />agair>st Hartford Life alleging or imroNing the Pinn Sponsor's
<br />negGger~e or wilful m'swndr>ci in the performance (or noo-
<br />periwmance) of t~ services, duties and obligations under the
<br />Agreement endlor the Plan; provided that r} Hartford Life has
<br />notified the Pinn Sponsor promptly and in writing of the claim,
<br />action or suit; (®) the Plan Sponsor has the right to assume the
<br />defense of such clam, action or suit with counsel sel~ted fry the
<br />Pfau Sponsor and to comprwrrtse or settle such action, sat or
<br />claim (provided however, that arty such comprom~e or
<br />settlement shag not regain; action or nor-action by Hartford Life
<br />without its prior written consent, wt>ich stroll not be unr~sor>ably
<br />withheld); and (rfi) the Plan Sponsor receives I-larlford Life's
<br />cooperation, ai the Plan Sponsor's sole cost, in such defense.
<br />The prari~ons of this Section shag survive any ierminatiat of the
<br />Agreement
<br />Indemnification by Hartford life -Hartford Life agrees to
<br />indemnify, defend and troll trerrrrless the Plan Sponsor, its
<br />officers, directors, empbyees and agents from and aganst loss,
<br />damage or liatrfity assessed against the Plan Sponsor or
<br />incurred try the Plan Sporuor arising oaf of or in connection with
<br />any claim, action or suit brought or asserted against the Plan
<br />Sponsor alleging or imrolving Hartford Life's negligence or wrlffid
<br />m®cceduct in the performance (or rrorrperfonnance) of i~
<br />services, duties and obligations under ths Agreement; provided
<br />that (] the Plan Sponsor ties notifi~t Hartford Life promptly and
<br />in willing of the dais, action or suit; (a) Hartford Life has the right
<br />to assume the defense of srxh claim, action or suit with counsel
<br />selected iJy Hartford Life and to cwnpromise or settle such
<br />action, sui# or claim (provided however, that any such
<br />campromse or settlement shag trot requite action or nort-~5an
<br />by the Plan Sponsor without its priorwrittert cor>,ent, which shag
<br />not be unreasonably withheld); and f7 Fiarlfard Life receives the
<br />Plan 5por>,sors cooperation, at Hartford Life's sole cost, in such
<br />defense. The provisions of ths Section shah survere cry
<br />termination of this Agreem~t.
<br />13.12 Notwithstanding anything to the wntiary contained t>ereit,
<br />nattier party nor their affilates shag be liable for indirect, spedal
<br />or consequer~l damages. The Plan Sponsor understands end
<br />agrees, on behalf of itself and e~h Partidpent, that it rs the Plan
<br />Sponsors end Penis' duly to verify the accuracy of the
<br />n:porls provided to thin pursuant to Sections 7 and 8 herein and
<br />to notify Hartford tyfe of any enors at our administrative offices
<br />withn thirty (30) days ~ their recut of such reppris. All such
<br />reports sf~ll be faxing on the rec~ierr~ if not objected to within
<br />such thirty (30) day time period. Nothing in this Section shag
<br />pretrent Hartford Life from correcting enors discovered beyond
<br />th's timeframe in accordance with its uruformy applied
<br />adminstiative pror:edities in existence at the tine such error s
<br />discovered. The provisions of this section shall survive any
<br />termination pf this Agreement,
<br />13.13 The inws of the state in wh~h the Emplayef 's domidled
<br />shall govern the rights ark obligations of the parkas under the
<br />Agreem~t
<br />457 ASA -01-03
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