Compensation and Fee Disclosure. As consideration for its services under this Agreement, TAG shall be entitled to compensation, which shall be computed and paid to TAG in accordance with the Fee Schedule, as amended from time to time. The Sponsor hereby acknowledges that the fee information and method of payment to TAG provided under the Fee Schedule (which is intended to provide certain fee disclosures in accordance with Section 2550.408b-2(c) of the final regulations issued by the U.S. Department of Labor (the “408(b)(2) Regulations”)) was provided reasonably in advance of the date of its signing of this Agreement, and has determined that such compensation for TAG in exchange for its Services is reasonable. To the extent identified in Appendix A, the Sponsor delegates to TAG, and TAG hereby accepts, the role of the “responsible plan fiduciary” with the authority to cause the Plan to enter into a provider agreement authorized by this Agreement under Appendix A with each such provider within the meaning of the ERISA 408(b) (2) and its related regulations. TAG shall provide copies of any fee disclosures provided by the providers for purposes of the 408(b)(2) Regulations as instructed by the Sponsor. The fee information provided under attached Fee Schedule are not intended to be a complete fee disclosure for all expenses of the Plan, but only with regard to compensation payable to TAG for its Services under this Agreement and the compensation payable to certain of the providers for services under their respective provider Agreements. TAG will not receive any compensation, direct or indirect, for its Services under this Agreement, except for the fees disclosed in the Fee Schedule. Sponsor grants to TAG the authority to charge the Plan assets for any unpaid administrative fees after 30 days of non-payment, and upon prior notice to the Sponsor. The Sponsor specifically authorizes such payments from the Plan’s forfeiture account, or as a pro-rata charge against participant accounts. Sponsor further acknowledges that when TAG enters into or maintains a Provider Agreement on behalf of the Plan, the fee payable under such Provider Agreements shall be payable from the assets of the Plan. If the full amount of such fee is not available for payment from the assets of the Plan for any reason, any remaining balance of the fee will be billed to the Sponsor and Sponsor shall pay same.
