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

Retirement or Employee Benefit Plan Accounts. This Section 10 applies if the Account is for a (i) pension or other employee benefit plan (including a 401(k) plan) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (ii) tax-qualified retirement plan (including a Xxxxx plan) under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”), and not covered by ERISA; or (iii) an individual retirement account (“XXX”) under Section 408 of the Code. If the Account is for a plan subject to ERISA, Client appoints Adviser, and Adviser accepts its appointment, as an “investment manager” for purposes of Section 3(38) of ERISA and Adviser acknowledges that it is a “fiduciary” within the meaning of Section 3(21)(A) of ERISA and Section 4975(e)(3) of the Code (but only with respect to the provision of services described in Section 1 of this Agreement). Adviser represents that it is registered as an investment adviser under state law. If the Account is for a plan subject to ERISA, this Agreement contains the disclosures required by ERISA Regulation Section 2550.408b- 2(c) and which disclosures Client has received reasonably in advance of entering into this Agreement. In addition, Adviser will provide the following disclosures, when required:

Retirement or Employee Benefit Plan Accounts. applicable This Section 10 applies if the Account is for a (i) pension or other employee benefit plan (including a 401(k) plan) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (ii) tax-qualified retirement plan (including a Xxxxx plan) under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”), and not covered by ERISA; or (iii) an individual retirement account (“XXX”) under Section 408 of the Code. If the Account is for a plan subject to ERISA, Client appoints Adviser, and Adviser accepts its appointment, as an “investment manager” for purposes of Section 3(38) of ERISA and Adviser acknowledges that it is a “fiduciary” within the meaning of Section 3(21)(A) of ERISA and Section 4975(e)(3) of the Code (but only with respect to the provision of services described in Section 1 of this Agreement). Adviser represents that it is registered as an investment adviser under state law. If the Account is for a plan subject to ERISA, this Agreement contains the disclosures required by ERISA Regulation Section 2550.408b- 2(c) and which disclosures Client has received reasonably in advance of entering into this Agreement. In addition, Adviser will provide the following disclosures, when required: