Common use of Written Notices and Instructions Clause in Contracts

Written Notices and Instructions. In all cases the Investment Professional, and not the Custodian, shall have the responsibility for delivering to the Employer and any Participant under the Plan, as the case may be, all materials, confirmations, statements, notices, proxies and prospectuses delivered to the Investment Professional relating to the Plan. Subject to the provisions of Section 11.3(a), to the extent that the Custodian delivers to the Investment Professional materials, confirmations, statements, notices, proxies and prospectuses with respect to the Plan, any such communications delivered to the Investment Professional shall be deemed to have been delivered to the Employer and any applicable Participant, as the case may be. The Employer agrees to hold the Custodian and its affiliates harmless from and against any losses, cost or expenses arising in connection with the delivery or receipt of any such communication(s), provided the Custodian has acted in accordance with the above.