Limitation of Duties and Liabilities. The Custodian shall not be responsible in any way for the collection of contributions provided for under the Plan, the purpose or propriety of any distribution made pursuant to Article VIII or any other action or nonaction taken pursuant to the request of the Investment Professional, the Employer or a Participant, the validity or effect of the Plan and Adoption Agreement, or the examination of the Plan. The Investment Professional and the Employer or successor of the Employer shall at all times fully indemnify and save harmless the Custodian and its successors and assigns from any liability arising from distributions so made or actions so taken or not taken, and from any and all liability whatsoever which may arise in connection with the Plan and the Adoption Agreement, except liability arising from the gross negligence or willful misconduct of the Custodian.
Appears in 4 contracts
Samples: Simple Ira Plan Agreement, Simple Ira Plan Agreement, Simple Ira Plan Agreement
Limitation of Duties and Liabilities. The Custodian shall not be responsible in any way for the collection of contributions provided for under the Plan, the purpose or propriety of any distribution made pursuant to Article VIII VI or any other action or nonaction taken pursuant to the request of the Investment Professional, the Employer or a Participant, ; the validity or effect of the Plan and Adoption Agreement, ; or the examination of the Plan. The Investment Professional and the Employer or successor of the Employer shall at all times fully indemnify and save harmless the Custodian Custodian, and its successors and assigns from any liability arising from distributions so made or actions so taken or not taken, and from any and all liability whatsoever which may arise in connection with the Plan and the Adoption Agreement, except liability arising from the gross negligence or willful misconduct of the Custodian.
Appears in 1 contract
Samples: Fidelity Simple Ira Plan (Fidelity Aberdeen Street Trust)
Limitation of Duties and Liabilities. The Custodian shall not be responsible in any way for the collection of contributions provided for under the Plan, the purpose or propriety of any distribution made pursuant to Article VIII VII or any other action or nonaction taken pursuant to the request of the Investment Professional, the Employer or a Participant, ; the validity or effect of the Plan and Adoption Agreement, ; or the examination of the Plan. The Investment Professional and the Employer or successor of the Employer shall at all times fully indemnify and save harmless the Custodian Custodian, and its successors and assigns from any liability arising from distributions so made or actions so taken or not taken, and from any and all liability whatsoever whatso- ever which may arise in connection with the Plan and the Adoption Agreement, except liability arising from the gross negligence or willful misconduct mis- conduct of the Custodian.
Appears in 1 contract
Samples: Simple Ira Plan Agreement