Common use of Retirement or Employee Benefit Plan Accounts Clause in Contracts

Retirement or Employee Benefit Plan Accounts. This section applies to an Account that is a pension or other employee benefit plan (a “Plan”) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If the Account is part of a Plan and we accept appointment to provide advisory services to such Account, we acknowledge that we are a “fiduciary” within the meaning of Section 3(21) of ERISA (but only with respect to the provision of services described in Section 1 of this Agreement). We represent that we are registered as an investment adviser and duly qualified to manage Plan assets under applicable regulations. You represent that (i) our appointment and services are consistent with the Plan documents, (ii) you have furnished us true and complete copies of all documents establishing and governing the Plan and evidencing your authority to retain us, (iii) you agree to provide us with a list of persons or entities which you consider to be a “disqualified person,” as that term is defined in Section 4975 of the Internal Revenue Code, as amended, or a “party in interest,” as that term is defined in Section 3(14) of ERISA, and (iv) if you have directed us to use a certain broker-dealer, we are unable to seek best execution for transactions in the Account and you may pay higher brokerage fees than if we were authorized to direct transactions to another broker-dealer that could provide best execution. You further represent that you will promptly furnish us with any amendments to the Plan, and you agree that, if any amendment affects our rights or obligations, such amendment will be binding on us only with our prior written consent. If the Account contains only a part of the assets of the Plan, you understand that we will have no responsibility for the diversification of all of the Plan’s investments, and we will have no duty, responsibility or liability for your assets that are not in the Account. If ERISA or other applicable law requires bonding with respect to the assets in the Account, you will obtain and maintain at your expense bonding that satisfies this requirement and covers us and any of our affiliates.

Retirement or Employee Benefit Plan Accounts. This section applies to an Account that is a pension or other employee benefit plan (a “Plan”) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If the Account is part of a Plan and we accept appointment to provide advisory services to such Account, we acknowledge that we are a “fiduciary” within the meaning of Section 3(21) of ERISA (but only with respect to the provision of services described in Section 1 of this Agreement). We represent that we are registered as an investment adviser and duly qualified to manage Plan assets under applicable regulations. You represent that (i) our appointment and services are consistent with the Plan documents, (ii) you have furnished us true and complete copies of all documents establishing and governing the Plan and evidencing your authority to retain us, (iii) you agree to provide us with a list of persons or entities which you consider to be a “disqualified person,” as that term is defined in Section 4975 of the Internal Revenue Code, as amended, or a “party in interest,” as that term is defined in Section 3(14) of ERISA, and (iv) if you have directed us to use a certain broker-dealer, we are unable to seek best execution for transactions in the Account and you may pay higher brokerage fees than if we were authorized to direct transactions to another broker-dealer that could provide best execution. You further represent that you will promptly furnish us with any amendments to the Plan, and you agree that, if any amendment affects our rights or obligations, such amendment will be binding on us only with our prior written consent. If the Account contains only a part of the assets of the Plan, you understand that we will have no responsibility for the diversification of all of the Plan’s investments, and we will have no duty, responsibility or liability for your assets that are not in the Account. If ERISA or other applicable law requires bonding with respect to the assets in the Account, you will obtain and maintain at your expense bonding that satisfies this requirement and covers us and any of our affiliates.. _______________________________________________

Retirement or Employee Benefit Plan Accounts. This section applies to an Account Accounts that is are part of a pension or other employee benefit plan (a “Plan”) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If the any of your Assets are in held in a Account is part of identified as a Plan “Qualified Account” and we accept appointment to provide advisory services Management Services or Advisory Services to such Qualified Account, we acknowledge that we are shall be a “fiduciary” within the meaning of Section 3(211002(21) of ERISA (but only with respect to the provision of services Management Services or Advisory Services described in Section 1 2 of this AgreementAgreement with respect to Qualified Accounts). We represent that we are registered as an investment adviser and duly qualified to manage or provide advisory services to Plan assets under applicable regulations. You represent that (i) our appointment and services are consistent with the Plan documents, (ii) you have furnished us true and complete copies of all documents establishing and governing the Plan and evidencing your authority to retain us, (iii) you agree to provide us with a list of persons or entities which you consider to be are considered a “disqualified person,” as that term is defined in Section 4975 of the Internal Revenue Code, as amended, or a “party in interest,” as that term is defined in Section 3(14) of ERISA, and (iv) if you have directed us to use a certain brokerDirected-dealerBroker, we are unable to seek best execution for transactions in the Qualified Account and you may pay higher brokerage fees than if we were authorized to direct transactions to another broker-dealer that could provide best execution. You further represent that you will promptly furnish us with any amendments to the Plan, and you agree that, if any amendment affects our rights or obligations, such amendment will be binding on us only with our prior written consent. If the Qualified Account contains only a part of the assets of the PlanPlan assets, you understand that we will have no responsibility for the diversification of all of the Plan’s investments, and we will have no duty, responsibility or liability for your Plan assets that are not in the Qualified Account. If ERISA or other applicable law requires bonding with respect to the assets in the Account, you will obtain and maintain at your expense bonding that satisfies this requirement and covers us and any of our affiliates.

Retirement or Employee Benefit Plan Accounts. This section applies to an Account that is a pension or other employee benefit plan (a “Plan”) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If the Account is part of a Plan and we accept appointment to provide advisory services to such Account, we acknowledge that we are a “fiduciary” within the meaning of Section 3(211002(21) of ERISA (but only with respect to the provision of services described in Section 1 of this Agreement). We represent that we are registered as an investment adviser and duly qualified to manage Plan assets under applicable regulations. You represent If the Account is subject to a Plan and we are appointed as an investment adviser by the Plan’s sponsor, named fiduciary, trustee, or other fiduciary under ERISA (either of the foregoing, a “Plan Fiduciary”), the Plan Fiduciary represents that (iA) our appointment and services are consistent with the Plan documents, (iiB) you have the Plan Fiduciary has furnished us true and complete copies of all documents establishing and governing the Plan and evidencing your their authority to retain us, (iiiC) you agree the Plan Fiduciary agrees to provide us with a list of persons or entities which you consider to be a “disqualified person,” as that term is defined in Section 4975 of the Internal Revenue Code, as amended, or a “party in interest,” as that term is defined in Section 3(141002(14) of ERISA, and (ivD) if you have the Plan Fiduciary has directed us to use a certain broker-dealer, we are unable to seek best execution for transactions in the Account and you the Account may pay incur higher brokerage fees than if we were authorized to direct transactions to another broker-dealer that could provide best execution. You The Plan Fiduciary further represent represents that you they will promptly furnish us with any amendments to the Plan, and you agree acknowledges and agrees that, if any amendment affects our rights or obligations, such amendment will be binding on us only with our prior written consent. If the Account contains only a part of the assets of the Plan, you and the Plan Fiduciary understand that we will have no responsibility for the diversification of all of the Plan’s investments, investments and we will have no duty, responsibility or liability for your assets that are not in the Account. If ERISA or other applicable law requires bonding with respect to the assets in the Account, you the Plan Fiduciary will obtain and maintain at your the Plan’s expense bonding that satisfies this requirement and covers us and any of our affiliates.

Retirement or Employee Benefit Plan Accounts. This section applies to an Account that is a pension or other employee benefit plan (a “Plan”) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If the Account is part of a Plan and we accept SCM accepts appointment to provide advisory services to such Account, we acknowledge SCM acknowledges that we they are a “fiduciary” within the meaning of Section 3(211002(21) of ERISA (but only with respect to the provision of services described in Section 1 of this Agreement). We SCM represent that we they are registered as an investment adviser and duly qualified to manage Plan assets under applicable regulations. You represent If the Account is subject to a Plan and SCM is appointed as an investment adviser by the Plan’s sponsor, named fiduciary, trustee, or other fiduciary under ERISA (either of the foregoing, a “Plan Fiduciary”), the Plan Fiduciary represents that (iA) our appointment and services are consistent with the Plan documents, (iiB) you have the Plan Fiduciary has furnished us true and complete copies of all documents establishing and governing the Plan and evidencing your their authority to retain us, (iiiC) you agree the Plan Fiduciary agrees to provide us with a list of persons or entities which you consider to be a “disqualified person,” as that term is defined in Section 4975 of the Internal Revenue Code, as amended, or a “party in interest,” as that term is defined in Section 3(14) of ERISA, and (ivD) if you have the Plan Fiduciary has directed us SCM to use a certain broker-dealer, we are SCM is unable to seek best execution for transactions in the Account and you the Account may pay incur higher brokerage fees than if we were authorized to direct transactions to another broker-dealer that could provide best execution. You The Plan Fiduciary further represent represents that you they will promptly furnish us SCM with any amendments to the Plan, and you agree acknowledges and agrees that, if any amendment affects our rights or obligations, such amendment will be binding on us SCM only with our their prior written consent. If the Account contains only a part of the assets of the Plan, you Manager, Client and the Plan Fiduciary understand that we SCM will have no responsibility for the diversification of all of the Plan’s investments, investments and we SCM will have no duty, responsibility or liability for your assets that are not in the Account. If ERISA or other applicable law requires bonding with respect to the assets in the Account, you the Plan Fiduciary will obtain and maintain at your the Plan’s expense bonding that satisfies this requirement and covers us and any of our affiliates.

Retirement or Employee Benefit Plan Accounts. This section applies to an Account that is a pension or other employee benefit plan (a “Plan”) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If the Account is part of a Plan and we accept appointment to provide advisory services to such Account, we acknowledge that we are a “fiduciary” within the meaning of Section 3(21) of ERISA (but only with respect to the provision of services described in Section 1 of this Agreement). We represent that we are registered as an investment adviser and duly qualified to manage Plan assets under applicable regulations. You represent that (i) our appointment and services are consistent with the Plan documents, (ii) you have furnished us true and complete copies of all documents establishing and governing the Plan and evidencing your authority to retain us, (iii) you agree to provide us with a list of persons or entities which you consider to be a “disqualified person,” as that term is defined in Section 4975 of the Internal Revenue Code, as amended, or a “party in interest,” as that term is defined in Section 3(143(124) of ERISA, and (iv) if you have directed us to use a certain broker-dealer, we are unable to seek best execution for transactions in the Account and you may pay higher brokerage fees than if we were authorized to direct transactions to another broker-dealer that could provide best execution. You further represent that you will promptly furnish us with any amendments to the Plan, and you agree that, if any amendment affects our rights or obligations, such amendment will be binding on us only with our prior written consent. If the Account contains only a part of the assets of the Plan, you understand that we will have no responsibility for the diversification of all of the Plan’s investments, and we will have no duty, responsibility responsibility, or liability for your assets that are not in the Account. If ERISA or other applicable law requires bonding with respect to the assets in the Account, you will obtain and maintain at your expense bonding that satisfies this requirement and covers us and any of our affiliates. Additional disclosures regarding our services and fees may be found in the ADV Part 2 and the Service Provider Disclosure under ERISA Section 408(b)(2), which you were previously provided.

Retirement or Employee Benefit Plan Accounts. This section applies to an Account Accounts that is are part of a pension or other employee benefit plan (a “Plan”) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If the any of your Assets are in held in a Account is part of identified as a Plan “Qualified Account” and we accept appointment to provide advisory services Management Services or Advisory Services to such Qualified Account, we acknowledge that we are shall be a “fiduciary” within the meaning of Section 3(211002(21) of ERISA (,but only with respect to the provision of services Management Services or Advisory Services described in Section 1 2 of this Agreement)Agreement with respect to the Qualified Accounts identified. We represent that we are registered as an investment adviser and duly qualified to manage or provide advisory services to Plan assets under applicable regulations. You represent that (i) our appointment and services are consistent with the Plan documents, (ii) you have furnished us true and complete copies of all documents establishing and governing the Plan and evidencing your authority to retain us, (iii) you agree to provide us with a list of persons or entities which you consider to be are considered a “disqualified person,” as that term is defined in Section 4975 of the Internal Revenue Code, as amended, or a “party in interest,” as that term is defined in Section 3(14) of ERISA, and (iv) if you have directed us to use a certain brokerDirected-dealerBroker, we are unable to seek best execution for transactions in the Qualified Account and you may pay higher brokerage fees than if we were authorized to direct transactions to another broker-dealer that could provide best execution. You further represent that you will promptly furnish us with any amendments to the Plan, and you agree that, if any amendment affects our rights or obligations, such amendment will be binding on us only with our prior written consent. If the Qualified Account contains only a part of the assets of the PlanPlan assets, you understand that we will have no responsibility for the diversification of all of the Plan’s investments, and we will have no duty, responsibility or liability for your Plan assets that are not in the Qualified Account. If ERISA or other applicable law requires bonding with respect to the assets in the Account, you will obtain and maintain at your expense bonding that satisfies this requirement and covers us and any of our affiliates.