February 2, 2015Independent Fiduciary Agreement • February 6th, 2015 • Tiaa Real Estate Account • Real estate
This amended and restated letter agreement (the “Agreement”) sets forth the terms and conditions under which Teachers Insurance and Annuity Association of America (the “Company”) offers to appoint RERC, LLC, a Situs Company, (“RERC”) to serve as the Independent Fiduciary, as defined below, under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) for the Company’s real estate pooled separate account, called the TIAA Real Estate Account (the “Account”). The Account is designed primarily for investment by participants in retirement plans qualified under §401(a) and §403(a) of the Internal Revenue Code of 1986, as amended (“Code”), Code §403(b) plans, and certain individual retirement annuities under §408 of the Code. As used hereunder, each of Company and Independent Fiduciary shall also be referred to as a “Party” and collectively, the “Parties.”
