Plan Fiduciary. (a) Except as provided in Section 1.9, Employer agrees that DBI is not a named fiduciary, or a Plan fiduciary under the Plan as such terms are described under ERISA. DBI is not the plan administrator and shall have no power or authority to waive, alter, breach or modify any terms and conditions of the Plan. DBI shall make payments or distributions from the Custodial Account in accordance with the framework of policies, interpretations, rules, practices, and procedures set forth in the Plan, this Agreement, and as otherwise agreed upon or directed by Employer.
Plan Fiduciary. (a) Employer agrees that DBI is not the plan administrator, the Named Fiduciary or a plan fiduciary under the Plan as such terms are described under ERISA, except as provided in Section 1.16. DBI shall have no power or authority to waive, alter, breach or modify any terms and conditions of the Plan. DBI shall make payments or distributions from the Custodial Account in accordance with the framework of policies, interpretations, rules, practices, and procedures set forth in the Plan, this Agreement, and as otherwise agreed upon or directed by Employer.
Plan Fiduciary. Plan Sponsor acknowledges and agrees that the performance by the TPA of its obligations under this Appendix C does not make the TPA a plan administrator, plan sponsor, or fiduciary as defined by XXXXX, and Plan Sponsor will not identify the TPA or any of its affiliates as such. The Plan Sponsor further acknowledges and agrees that it is the plan sponsor, plan administrator, and named fiduciary as defined by XXXXX. As such, Plan Sponsor retains full discretionary authority, control, and responsibility for the operation and administration of the Plan.
Plan Fiduciary. The Plan Fiduciary is the Plan Administrator.
Plan Fiduciary. (a) Except as provided in Section 1.6, Xxxxxxxx agrees that XXXXxxxxx is not a named fiduciary or a Plan fiduciary under the Plan as such terms are described under XXXXX. HRASimple shall have no power or authority to waive, alter, breach, or modify the Plan's terms and conditions. HRASimple shall make payments or distributions from the Custodial Account in accordance with the framework of policies, interpretations, rules, practices, and procedures set forth in the Plan, this Agreement, and as otherwise agreed upon or directed by Employer.
Plan Fiduciary. (a) Except as provided in Section 1.6, Employer agrees that HRASimple is not a named fiduciary or a Plan fiduciary under the Plan as such terms are described under ERISA. HRASimple shall have no power or authority to waive, alter, breach, or modify the Plan's terms and conditions. HRASimple shall make payments or distributions from the Custodial Account in accordance with the framework of policies, interpretations, rules, practices, and procedures set forth in the Plan, this Agreement, and as otherwise agreed upon or directed by Employer.
Plan Fiduciary. If we are a Benefit Plan Investor, we represent, warrant and agree that (i) the Issuer has not provided, and it will not provide, any investment recommendation or investment advice on which it, or any fiduciary or other person investing the assets of the Benefit Plan Investor (“Plan Fiduciary”), has relied as a primary basis in connection with its decision to invest in the Class B Notes, and they are not otherwise undertaking to act as a fiduciary, as defined in Section 3(21) of ERISA or Section 4975(e)(3) of the Code, to the Benefit Plan Investor or the Plan Fiduciary in connection with the Benefit Plan Investor’s acquisition of the Class B Notes; and (ii) the Plan Fiduciary is exercising its own independent judgment in evaluating the investment in the Class B Notes.
