Custodian Not Responsible for Certain Actions. The Custodian has no duty to take any action with respect to the Account except upon the written instruction of the Participant or the Participant’s Beneficiary, if applicable. Further, the Custodian shall have no responsibility for determining the amount of or collecting contributions to the Account made pursuant to this Agreement; selecting the investments for the Account; determining the amount, character or timing of any distribution to the Participant under this Agreement; determining the Participant’s maximum contribution amount; or maintaining or defending any legal action in connection with this Agreement, unless agreed upon by the Custodian and the Participant.
Custodian Not Responsible for Certain Actions. Notwithstanding the foregoing, the Custodian shall have no responsibility for determining the amount of or collecting contributions to the Account made pursuant to this Agreement; determining the amount, character or timing of any distribution to a Participant under this Agreement; determining a Participant's maximum contribution amount; maintaining or defending any legal action in connection with this Agreement, unless agreed upon by the Custodian, Employer and Participant.
Custodian Not Responsible for Certain Actions. The Custodian shall not be responsible for the determination or collection of contributions and transfers, including transfers from an existing 403(b) arrangement and rollovers, the purpose or propriety of any distribution made pursuant Article II through Article IV, for determining whether the contributions or distributions comply with the Plan Document, if applicable, or for any other action taken at the direction of, or not taken due to the failure of direction from, the Employer, the Participant, the Participant’s agent or attorney-in-fact, or a Beneficiary. The Participant (or the Employer, the Employer’s delegate, the Participant’s agent or attorney-in-fact, or Beneficiary where applicable) shall at all times fully indemnify and save harmless the Custodian, the Sponsor and their agents, successors and assigns, from any claim, action or liability arising from contributions, investments, transfers or distributions so made or actions so taken and from any and all other liability whatsoever (including without limitation all reasonable expenses incurred in defending against or settlement of such claim, action or liabilities) which may arise in connection with this Agreement or the Account, including without limitation those relating to valuation of assets whose values are not readily ascertainable on either an established exchange or a generally recognized market, except liability arising from the gross negligence or willful misconduct of the Custodian or Sponsor. The Custodian shall be under no duty to take any action other than as herein specified with respect to the Account unless the Participant, the Participant’s agent or attorney-in-fact, or the Beneficiary shall furnish the Custodian with written instructions and such instructions shall have been specifically agreed to by the Custodian in writing. No implied covenant or obligation shall be read into this Agreement. The Custodian shall be under no duty to defend or engage in any suit with respect to the Account unless the Custodian shall have first agreed in writing to do so and shall have been fully indemnified to its satisfaction. To the extent permitted by applicable law, the Custodian shall be protected in acting upon any written order from the Employer, the Employer’s delegate, Participant, the Participant’s agent or attorney-in-fact, or Beneficiary or any other notice, request, instruction or direction, consent, certificate or other instrument or paper believed by it to be genuine and to have ...
