Common use of Plan Fiduciary Clause in Contracts

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. (b) Except as provided in Section 1.9, DBI shall neither have nor shall be deemed to exercise any discretion, control or authority with respect to the disposition of Employer funds. Employer agrees that the use of or offset or recoupment of funds in the Custodial Account to pay undisputed fees or other undisputed amounts due to DBI pursuant to this Agreement constitutes an Employer action that is authorized by Employer under this Agreement and agrees that such actions are not discretionary acts of DBI and do not create a fiduciary status for DBI. (c) DBI agrees that it will perform services on the Plan’s behalf as set forth in this Agreement, including any addenda to this Agreement. However, DBI will not undertake any duties or responsibilities, regardless of whether they are set forth in the Plan, if such actions are in violation of any applicable domestic law or regulation.

Plan Fiduciary. (a) Except as provided in Section 1.9, Employer agrees that DBI is not a named fiduciary, or a plan 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. (b) Except as provided in Section 1.9, DBI shall neither have nor shall be deemed to exercise any discretion, control or authority with respect to the disposition of Employer funds. Employer agrees that the use of or offset or recoupment of funds in the Custodial Account to pay undisputed fees or other undisputed amounts due to DBI pursuant to this Agreement constitutes an Employer action that is authorized by Employer under this Agreement and agrees that such actions are not discretionary acts of DBI and do not create a fiduciary status for DBI. (c) DBI agrees that it will perform services on the Plan’s behalf as set forth in this Agreement, including any addenda to this Agreement. However, DBI will not undertake any duties or responsibilities, regardless of whether they are set forth in the Plan, if such actions are in violation of any applicable domestic law or regulation.

Plan Fiduciary. (a) Except as provided in Section 1.9, Employer agrees that DBI is not a named fiduciarythe 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 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. (b) Except as provided in Section 1.9, DBI shall neither have nor shall be deemed to exercise any discretion, control or authority with respect to the disposition of Employer funds. Employer agrees that the use of or offset or recoupment of funds in the Custodial Account to pay undisputed fees or other undisputed amounts due to DBI pursuant to this Agreement or any other agreement between the parties constitutes an Employer action that is authorized by Employer under this Agreement and agrees that such actions are not discretionary acts of DBI and do not create a fiduciary status for DBI. (c) DBI agrees that it will perform services on the Plan’s behalf as set forth in this Agreement, including any addenda attachments or exhibits to this Agreement. However, DBI will not undertake any duties or responsibilities, responsibilities regardless of whether they are set forth in the Plan, Plan if such actions are in violation of any applicable domestic law or regulation.

Plan Fiduciary. (a) Except as provided in Section 1.91.6, Employer agrees that DBI HRASimple is not a named fiduciary, fiduciary or a plan Plan fiduciary under the Plan as such terms are described under ERISA. DBI is not the plan administrator and HRASimple shall have no power or authority to waive, alter, breach breach, or modify any the Plan's terms and conditions of the Planconditions. DBI 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. (b) Except as provided in Section 1.91.6, DBI HRASimple neither shall neither have nor shall be deemed to exercise any discretion, control control, or authority with respect to the disposition of Employer funds. Employer agrees that the use of or offset of, offset, or recoupment of funds in the Custodial Account to pay undisputed fees or other undisputed amounts due to DBI HRASimple pursuant to this Agreement constitutes an Employer action that is authorized by Employer under this Agreement and agrees that such actions are not discretionary acts of DBI HRASimple and do not create a fiduciary status for DBIHRASimple. (c) DBI HRASimple agrees that it will perform services on the Plan’s 's behalf as set forth in this Agreement, including any addenda to this Agreement. However, DBI HRASimple will not undertake any duties or responsibilities, regardless of whether they are set forth in the Plan, Plan if such actions are in violation of violate any applicable domestic law or regulation.