FIDUCIARY AND RELATED MATTERS. The parties acknowledge that NSI will not be a fiduciary with respect to the Spinco Plans and that Spinco will not be a fiduciary with respect to the NSI Plans. The parties also acknowledge that neither party shall be deemed to be in violation of this Agreement if it fails to comply with any provisions hereof based upon its good faith determination that to do so would violate any applicable fiduciary duties or standards of conduct under ERISA or other applicable law. Notwithstanding any other provision in this Agreement, the parties may take such actions as necessary or appropriate to effectuate the terms and provisions of this Agreement.
FIDUCIARY AND RELATED MATTERS. The parties acknowledge that Parent will not be a fiduciary with respect to the SpinCo Plans and that SpinCo will not be a fiduciary with respect to the Parent Plans. The parties also acknowledge that neither party shall be deemed to be in violation of this Agreement if it fails to comply with any provisions hereof based upon its good faith determination that to do so would violate any applicable fiduciary duties or standards of conduct under ERISA or other applicable law. Notwithstanding any other provision in this Agreement, the parties may take such actions as necessary or appropriate to effectuate the terms and provisions of this Agreement.
FIDUCIARY AND RELATED MATTERS. The parties acknowledge that, as of the Close of the Distribution Date, Acuity will not be a fiduciary with respect to the SpinCo Plans and that SpinCo will not be a fiduciary with respect to the Acuity Plans. The parties also acknowledge that neither party shall be deemed to be in violation of this Agreement if it fails to comply with any provisions hereof based upon its good faith determination that to do so would violate any applicable fiduciary duties or standards of conduct under ERISA or other applicable law. Notwithstanding any other provision in this Agreement, the parties may take such actions as necessary or appropriate to effectuate the terms and provisions of this Agreement.
FIDUCIARY AND RELATED MATTERS. 37 7.10 No Third-Party Beneficiaries; Non-Termination of Employment.......... 37 7.11
FIDUCIARY AND RELATED MATTERS. 36 7.9 NO THIRD-PARTY BENEFICIARIES; NON-TERMINATION OF EMPLOYMENT..................................... 36 7.10
FIDUCIARY AND RELATED MATTERS. The parties acknowledge that Equifax will not be a fiduciary with respect to the Certegy Plans and that Certegy will not be a fiduciary with respect to the Equifax Plans. The parties also acknowledge that neither party shall be deemed to be in violation of this Agreement if it fails to comply with any provisions hereof based upon its good faith determination that to do so would violate any applicable fiduciary duties or standards of conduct under ERISA or other applicable law. Notwithstanding any other provision in this Agreement, the parties may take such actions as necessary or appropriate to effectuate the terms and provisions of this Agreement.
FIDUCIARY AND RELATED MATTERS. SPI acknowledges that ----------------------------- Immediately after the Distribution Date IREX will not be a fiduciary with respect to any SPI Plans. In addition, IREX acknowledges that Immediately after the Distribution Date SPI will not be a fiduciary with respect to any IREX Plans. The Parties each acknowledge that the other Party shall not be deemed to be in violation of this Agreement if it fails to comply with any provisions hereof based upon its good faith reasonable determination that to do so would violate any applicable fiduciary duties or standards of conduct under ERISA or other applicable law.
FIDUCIARY AND RELATED MATTERS. The parties acknowledge that Radiant will not be a fiduciary with respect to the Enterprise Plans. The parties also acknowledge that neither party shall be deemed to be in violation of this Agreement if it fails to comply with any provisions hereof based upon its good faith determination that to do so would violate any applicable fiduciary duties or standards of conduct under ERISA or other applicable law. Notwithstanding any other provision in this Agreement, the parties may take such actions as necessary or appropriate to effectuate the terms and provisions of this Agreement.
FIDUCIARY AND RELATED MATTERS. TRICON acknowledges that PepsiCo will not be a fiduciary with respect to the TRICON Plans. TRICON also acknowledges that PepsiCo shall not be deemed to be in violation of this Agreement if it fails to comply with any provisions hereof based upon its good faith determination that to do so would violate any applicable fiduciary duties or standards of conduct under ERISA or other applicable law. Notwithstanding any other provision in this Agreement, the Parties may take such actions as necessary or appropriate to effectuate the terms and provisions of this Agreement.
FIDUCIARY AND RELATED MATTERS. Vlasic acknowledges that CSC will not be a fiduciary with respect to any Vlasic Plans. Vlasic also acknowledges that CSC shall not be deemed to be in violation of this Agreement if it fails to comply with any provision of this Agreement based upon its good faith determination that to do so would violate any applicable fiduciary duties or standards of conduct under ERISA or other applicable law. Notwithstanding any other provision in this Agreement, the Parties may take such actions as necessary or appropriate to effectuate the terms and provisions of this Agreement.
