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<br />Plan # 9853 <br /> <br />identification numbers). RC shall be entitled to rely upon the accuracy of any <br />information that is furnished to it by a responsible official of the Employer or any <br />information relating to an individual participant or beneficiary that is furnished by such <br />participant or beneficiary, and RC shall not be responsible for any error arising from <br />its reliance on such information. RC will provide account information in reports, <br />statements or accountings. All account discrepancies must be reported to RC within <br />120 days of the close of the quarter in which the discrepancy occurs. After that <br />time the report, statement, or accounting shall be deemed to have been accepted by <br />the Employer and the participants <br /> <br />4. <br /> <br />Cp.rt~in Rp.rrp.~p.nt~tif)n~, W~rr~ntip.~, ~nn Cnvp.n~nt~ <br /> <br />RC represents and warrants to Employer that: <br /> <br />(a) RC is a non-profit corporation with full power and authority to enter <br />into this Agreement and to perform its obligations under this Agreement. The ability <br />of RC to serve as investment adviser to the Trust is dependent upon the continued <br />willingness of the Trust for RC to serve in that capacity. <br /> <br />(b) RC is an investment advis~r registered as such with the Securities <br />and Exchange Commission under ,the Investment Advisers Act of 1940, as amended. <br />ICMA-RC Services, Inc. (a wholly owned subsidiary of RC) is registered as a broker- <br />dealer with the Securities and' Exchange Commission (SEC) and is a member in good <br />standing of the National Association of Securities Dealers, Inc. <br /> <br />RC covenants with employer that: <br /> <br />(c) RC shall maintain and administer the Plan in compliance with the <br />requirements for plans which satisfy the qualification requirements of Section 401 of <br />the Internal Revenue Code; provided, however, RC shall not be responsible for the <br />qualified status of the Plan in the event that the Employer directs RC to administer the <br />Plan or disburse assets in a manner inconsistent with the requirements of Section 401 <br />or otherwise causes the Plan not to be carried out in accordance with its terms; <br />provided, further, that if the plan document used by the Employer contains terms that <br />differ from the terms of RC's standardized plan document, RC shall not be responsible <br />for the qualified status of the Plan to the extent affected by the differing terms in the <br />Employer's plan document. <br /> <br />Employer represents and warrants to RC that: <br /> <br />(d) Employer is organized in the form and manner recited in the opening <br />paragraph of this Agreement with full power and authority to enter into and perform <br />its obligations under this Agreement an to act for the Plan and participants in the <br /> <br />