Fiduciary Responsibility. Client acknowledges that: (i) Consultant shall have no discretionary authority or discretionary control respecting the management of any of the employee benefit plans; (ii) Consultant shall exercise no authority or control with respect to management or disposition of the assets of Client's employee benefit plans; and (iii) Consultant shall perform services pursuant to this Agreement in a non-fiduciary capacity. Client agrees to notify Consultant as soon as possible of any proposed amendments to the plans' legal documents to the extent that the amendments would affect Consultant in the performance of its obligations under this Agreement. Client agrees to submit (or cause its agent, consultants or vendors to submit) all information in its (or their) control reasonably necessary for Consultant to perform the services covered by this Agreement.
Fiduciary Responsibility. Plan Sponsor acknowledges that it is the named fiduciary with respect to the Plan. Plan Sponsor understands and agrees that it and the Plan Administrator have delegated to MHHSI the authority to determine the Plan design but that Plan Sponsor and the Plan Administrator shall maintain discretion to accept such Plan design and shall maintain full responsibility for continued compliance with all provisions of applicable federal, state, and local laws, including, but not limited to: ERISA; the Internal Revenue Code of 1986, as amended; the Consolidated Omnibus Reconciliation Act of 1985, as amended (“COBRA”); the Family and Medical Leave Act of 1993, as amended; the Health Insurance Portability and Accountability Act of 1996, as may be amended (“HIPAA”); the Mental Health Parity Act of 1996, as may be amended; the Newborns’ and Mothers’ Health Protection Act of 1996, as may be amended; the Women’s Health and Cancer Rights Act of 1998, as may be amended; the Deficit Reduction Act of 1984, as amended; and the Tax Equity and Fiscal Responsibility Act of 1982, as amended. Plan Sponsor acknowledges that Plan compliance shall include, but not be limited to, the following: preparation and filing of Forms 5500 [or 990 for 501(c) tax-exempt funds] and all related schedules; preparation or review of all ERISA required plan documentation; advising Covered Persons of their rights under any federal, state or local law, and the preparation and distribution of any notices, except for certificates of creditable coverage, required to be distributed under such laws; and preparation, distribution and filing of all reports related to the Plan required under any federal, state or local law, including but not limited to with the Internal Revenue Service and with the U.S. Department of Labor.
Fiduciary Responsibility. (a) The Trustee shall discharge its duties under this Trust Agreement in a manner consistent with the objectives of this Trust Agreement and in accordance with applicable law. Except as otherwise provided in this Trust Agreement, or under applicable law, the Trustee shall have no liability for (i) loss sustained by the Trust Fund by reason of the purchase, retention, sale or exchange of any investment made in accordance with the written directions of the Dime or the Committee; (ii) failure of the Company or the Bank to make contributions to the Trust Fund; or (iii) for any insufficiency of assets in the Trust Fund to pay Benefits when due, unless such loss, failure or insufficiency is the result of the Trustee's own negligence or willful misconduct.
(b) The Trustee's duties and obligations shall be limited to those expressly imposed upon it by this Trust Agreement.
(c) The Company and the Bank at any time may employ as agent (to perform any act, keep any records or accounts, or make any computations required of either of them by this Trust Agreement or the Covered Arrangements) the corporation or association serving as Trustee hereunder. Nothing done by said corporation or association as such agent shall affect its responsibilities or liability as Trustee hereunder.
(d) In the exercise of its discretion hereunder, each of the Committee and the Director Committee shall have due regard for the interests of each of the Company, the Bank and the Participants (and their Beneficiaries) as a class; provided, that inasmuch as the interests of such class or entities may be expected to conflict in certain circumstances, and notwithstanding that members of the Committee may themselves be Participants, any determination made by the Committee or the Director Committee that has the effect of being more favorable to one entity or class to which it owes a duty over another shall not thereby be deemed invalid or a breach of the Committee's or the Director Committee's duty to such disfavored entity or class, so long as the Committee or the Director Committee, as applicable, acts in good faith in making its determination.
Fiduciary Responsibility. The Engineer shall not offer any fiduciary service to the Owner and no fiduciary responsibility shall be owed to the Owner by the Engineer or any of its sub-consultants, as a consequence of the Engineer entering into this Agreement with the Owner.
Fiduciary Responsibility. If the Operator assumes management responsibility over Your funds, the Operator shall maintain such funds in a fiduciary capacity to You. Any interest on money received and held for You by the Operator shall be Your property.
Fiduciary Responsibility. UCB and the Bank and Employee mutually ------------------------ agree and acknowledge that UCB and the Bank may entrust Employee with highly sensitive confidential, restricted and proprietary information concerning various "Business Opportunities" (hereinafter defined), customer lists, and personnel matters. Employee acknowledges that, as an essential element of Employee's employment with UCB and the Bank, Employee shall have a fiduciary responsibility to UCB and the Bank to protect such information from use or disclosure that is not necessary for the performance of Employee's duties hereunder.
Fiduciary Responsibility. The General Partner shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the Partnership, whether or not in its immediate possession or control, and the General Partner shall not employ or permit another to employ such funds or assets in any manner except for the exclusive benefit of the Partnership.
Fiduciary Responsibility. CTFS and Employee mutually agree and ------------------------ acknowledge that CTFS and the Bank (and their subsidiaries and affiliates) may entrust Employee with highly sensitive confidential, restricted and proprietary information concerning various "Business Opportunities" (hereinafter defined), customer lists, and personnel matters. Employee acknowledges that, as an essential incident of Employee's employment with CTFS, Employee shall bear a fiduciary responsibility to CTFS to protect such information from use or disclosure that is not necessary for the performance of Employee's duties hereunder.
Fiduciary Responsibility. (a) The Plan Administrator, as a Named Fiduciary, may allocate its fiduciary responsibilities among Fiduciaries other than the Trustee, designated in writing by the Plan Administrator and may designate in writing persons other than the Trustee to carry out its fiduciary responsibilities under the Plan. The Plan Administrator may remove any person designated to carry out its fiduciary responsibilities under the Plan by notice in writing to such person.
(b) The Plan Administrator and each other Fiduciary may employ persons to perform services and to render advice with regard to any of the Fiduciary's responsibilities under the Plan. Charges for all such services performed and advice rendered may be directly paid by each Plan Sponsor but until paid shall constitute a charge against the Fund.
(c) Each Plan Sponsor shall indemnify and hold harmless each person constituting the Plan Administrator or the Investment Committee, if any, from and against any and all claims, losses, costs, expenses (including, without limitation, attorney's fees and court costs), damages, actions or causes of action arising from, on account of or in connection with the performance by such person of his duties in such capacity, other than such of the foregoing arising from, on account of or in connection with the willful neglect or willful misconduct of such person.
Fiduciary Responsibility. Subject to the provisions set forth in Section 3.9 and Section 3.12(a) hereof, the Managing General Partner acknowledges that it is under a common law fiduciary duty to conduct the affairs of the Partnership in the best interests of the Partnership and the Partners and consequently must exercise good faith and integrity in handling Partnership affairs.
