Investment and Distribution Advice Sample Clauses

Investment and Distribution Advice. Contractor may offer investment advice and provide recommendations as a fiduciary under applicable law to participants on certain Plan transactions, such as point-in-time investment advice on designated investment alternatives, investment advisory services available under the Plan, and recommendations on distribution and rollover options, which may include services and products offered by Contractor and its affiliates. When Contractor acts as a fiduciary, it will do so in the best interest of the participants. Contractor will provide such fiduciary services pursuant to applicable law. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] ATTACHMENT B FEES AND INVESTMENT OPTIONS The Recordkeeping and Communication Fee shall be 0.052% (5.2 basis points) of the total Plan participant account balances per annum. The Recordkeeping and Communication Fee will be payable by the County on a monthly basis, based on the average daily balance of Plan assets during the assessment period. In the event that Contractor’s administration of the Stable Value Fund (SVF) is reduced from the current level of fifty percent (50%), the Recordkeeping and Communication Fee shall be as follows:  0.070% (7.0 basis points) if the Contractor’s administration of the SVF is reduced to 25%; or  0.072% (7.2 basis points) if the Contractor’s administration of the SVF is reduced to 0%. This Recordkeeping and Communication Fee shall be paid to the Contractor as instructed by the County in writing and mutually agreed to by the Contractor. Amounts unpaid after 60 days will be first deducted prorata from any unallocated Plan accounts that are eligible to pay Plan expenses, then per capita from participant accounts, if such Plan account balances are not sufficient to pay the fee. Participant accounts with balances less than the shortfall will be debited for 100% of the balance and become inactive. County may Direct the Contractor, in writing, to assess a mutually agreed-upon per-participant fee, asset fee, or combination fee to participant account balances. Such fee may be deposited into the Plan Account. Any fees assessed under this paragraph may be adjusted annually as instructed in writing by the County. The fees for Plan loans shall be as defined in the Plan Loan Policies issued by the Plan Administrator and charged to the accounts of participants with loans. The annual fee and miscellaneous costs associated with the Self Directed Brokerage Account (SDBA) shall be defined in the Self-dire...
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Related to Investment and Distribution Advice

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Governing Law THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

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