Direction to the Custodian. Except as provided herein, the Program Sponsor shall provide direction to the Custodian on behalf of the Participant and the Employer, as needed and applicable. The Employer, and, if the Employer utilizes a third party administrator (“TPA”) to administer the Employer’s Plan, such TPA may also provide direction to the Custodian and the Program Sponsor. The Custodian shall have no duty to take any action other than as specified in this Agreement unless the Program Sponsor, the Employer or a TPA designated by the Employer provides the Custodian with Instructions. However, each direction is contingent upon the determination by the Custodian that the Instruction can be administered by the Custodian. The Custodian may conclusively rely upon and be protected in acting in good faith upon any Instruction from the Program Sponsor, the Employer or a TPA that the Custodian believes was appointed by the Employer, or any other notice, request, consent, certificate, or other instrument or paper believed by the Custodian to be genuine and properly executed, or any instrument or paper if the Custodian believes the signature thereon to be genuine.
Direction to the Custodian. Except as provided herein, the Plan Provider or Advisor shall provide direction to the Custodian on behalf of the Employer and Participants. The Custodian shall have no duty to take any action other than as specified in this Agreement unless the Plan Provider provides the Custodian with Instructions. However, each direction is contingent upon the determination by the Custodian that the Instruction can be administered by the Custodian. The Custodian may conclusively rely upon and be protected in acting in good faith upon any Instruction from the Plan Provider or the Advisor, or any other notice, request, consent, certificate, or other instrument or paper believed by the Custodian to be genuine and properly executed, or any instrument or paper if the Custodian believes the signature thereon to be genuine.
