Common use of ERISA Accounts Clause in Contracts

ERISA Accounts. If the Account is subject to the provisions of the Employment Retirement Income Security Act of 1974, as amended ("ERISA") or corresponding provisions of the Internal Revenue Code, as amended (the "IRC"), Adviser acknowledges that it is a "fiduciary" (as defined in ERISA and the IRC respectively) with respect to performing its duties under this Agreement. Client agrees to maintain appropriate ERISA bonding for the Account and to include within the coverage of the bond the Adviser and its personnel, as may be required by law. Client represents that employment of Adviser, and any instructions that have been given to Adviser with regard to the Account, are consistent with applicable plan and trust documents. Client agrees to furnish Adviser with copies of such governing documents. The person signing this Agreement on behalf of Client also acknowledges its status as a "named fiduciary" (as defined in ERISA and the IRC respectively) with respect to the control and management of the assets held in the Account, and agrees to notify Adviser promptly of any change in the identity of the named fiduciary with respect to the Account. Client also acknowledges that the Account is only a part of the plan’s assets, and that Adviser is not responsible for overall compliance of such investments with the requirements of ERISA or any other governing law or documents.

ERISA Accounts. If the Account is subject to the provisions of the Employment Retirement Income Security Act of 1974, as amended ("ERISA") or corresponding provisions of the Internal Revenue Code, as amended (the "IRC"), Adviser Advisor acknowledges that it is a "fiduciary" (as defined in ERISA and the IRC respectively) with respect to performing its duties under this Agreement. Client agrees to maintain appropriate ERISA bonding bond- ing for the Account and to include within the coverage of the bond the Adviser Advisor and its personnel, as may be required by law. Client represents that employment of AdviserAdvisor, and any instructions that have been given to Adviser Advisor with regard to the Account, are consistent with applicable plan and trust documents. Client agrees to furnish Adviser Advisor with copies of such governing documents. The person signing this Agreement on behalf of Client also acknowledges its status as a "named fiduciary" (as defined in ERISA and the IRC respectively) with respect to the control and management of the assets held in the Account, and agrees to notify Adviser Advisor promptly of any change in the identity of the named fiduciary with respect to the Account. Client also acknowledges that the Account is only a part of the plan’s assets, and that Adviser Advisor is not responsible for overall compliance of such investments with the requirements of ERISA or any other governing law or documents.

ERISA Accounts. If the Account is subject to the provisions of the Employment Retirement Income Security Act of 1974, as amended amend- ed ("ERISA") or corresponding provisions of the Internal Revenue Code, as amended (the "IRC"), Adviser Advisor acknowledges that it is a "fiduciary" (as defined in ERISA and the IRC respectively) with respect to performing its duties under this Agreement. Client agrees to maintain appropriate ERISA bonding for the Account and to include within the coverage of the bond the Adviser Advisor and its personnelperson- nel, as may be required by law. Client represents that employment of AdviserAdvisor, and any instructions that have been given to Adviser Advisor with regard to the Account, are consistent with applicable plan and trust documents. Client agrees to furnish Adviser Advisor with copies of such governing documents. The person signing this Agreement on behalf of Client also acknowledges its status as a "named fiduciaryfiduci- ary" (as defined in ERISA and the IRC respectively) with respect to the control and management of the assets held in the Account, and agrees to notify Adviser Advisor promptly of any change in the identity of the named fiduciary with respect to the Account. Client also acknowledges that the Account is only a part of the plan’s assets, and that Adviser Advisor is not responsible for overall compliance of such investments with the requirements of ERISA or any other governing law or documents.

ERISA Accounts. If the Account is subject to the provisions of the Employment Retirement Income Security Act of 1974, as amended ("ERISA") or corresponding provisions of the Internal Revenue Code, as amended (the "IRC"), Adviser acknowledges that it is a "fiduciary" (as defined in ERISA and the IRC respectively) that Act with respect to performing its duties under this Agreementagreement. The Client agrees to maintain appropriate ERISA bonding for the Account and to include within the coverage of the bond the Adviser and its personnel, personnel as may be required by law. If the Client is unable to include the Advisor under their ERISA coverage, they should inform the Advisor as soon as possible so that the Advisor can obtain and maintain appropriate ERISA bonding for the Account. The Client represents that employment of Adviser, and any instructions that have been given to Adviser with regard to the Account, are consistent with applicable plan and trust documents. The Client agrees to furnish Adviser with copies of such governing documents. The person signing this Agreement agreement on behalf of the Client also acknowledges its status as a "named fiduciary" (as defined in ERISA and the IRC respectively) with respect to the control and management of the assets held in the Account, and agrees to notify Adviser promptly of any change in the identity of the named fiduciary with respect to the Account. The Client also acknowledges that the Account is only a part of the plan’s 's assets, and that Adviser is not responsible for overall compliance of such investments with the requirements of ERISA or any other governing law or documents.