Plan Fiduciary Sample Clauses
Plan Fiduciary. (a) Except as provided in Section 1.9, ▇▇▇▇▇▇▇▇ agrees that WEX is not a named fiduciary, or a Plan fiduciary under the Plan as such terms are described under ▇▇▇▇▇. WEX shall have no power or authority to waive, alter, breach or modify any terms and conditions of the Plan. WEX shall make payments or distributions from the Custodial Account in accordance with the framework of policies, interpretations, rules, practices, and procedures set forth in the Plan, the Agreement, and as otherwise agreed upon or directed by Employer.
(b) Except as provided in Section 1.9, WEX neither shall have nor shall be deemed to exercise any discretion, control or authority with respect to the disposition of Employer funds. Employer agrees that the use of offset or recoupment of funds in the Custodial Account to pay undisputed fees or other undisputed amounts due to WEX pursuant to the Agreement constitutes Employer action that is authorized by Employer under the Agreement and agrees that such actions are not discretionary acts of WEX and do not create a fiduciary status for WEX.
(c) WEX agrees that it will perform services on the Plan’s behalf as set forth in the Agreement, including any addenda to the Agreement. However, WEX will not undertake any duties or responsibilities, regardless of whether they are set forth in the Plan, if such actions are in violation of any applicable domestic law or regulation.
Plan Fiduciary. Plan Sponsor acknowledges and agrees that the performance by the TPA of its obligations under this Agreement does not make the TPA a plan administrator, plan sponsor, or fiduciary as defined by ERISA or other applicable law, and Plan Sponsor will not identify the TPA or any of its affiliates as such. The Plan Sponsor further acknowledges and agrees that it is the plan sponsor, plan administrator, and named fiduciary as defined by ERISA or other applicable law. As such, Plan Sponsor retains full discretionary authority, control, and responsibility for the operation and administration of the Plan.
Plan Fiduciary. The Plan Fiduciary is the Plan Administrator.
Plan Fiduciary. (a) Except as provided in Section 1.6, Employer agrees that HRASimple is not a named fiduciary or a Plan fiduciary under the Plan as such terms are described under ERISA. HRASimple shall have no power or authority to waive, alter, breach, or modify the Plan's terms and conditions. HRASimple shall make payments or distributions from the Custodial Account in accordance with the framework of policies, interpretations, rules, practices, and procedures set forth in the Plan, this Agreement, and as otherwise agreed upon or directed by Employer.
(b) Except as provided in Section 1.6, HRASimple neither shall have nor shall be deemed to exercise any discretion, control, or authority with respect to the disposition of Employer funds. Employer agrees that the use of, offset, or recoupment of funds in the Custodial Account to pay undisputed fees or other undisputed amounts due to HRASimple pursuant to this Agreement constitutes Employer action that is authorized by Employer under this Agreement and agrees that such actions are not discretionary acts of HRASimple and do not create a fiduciary status for HRASimple.
(c) HRASimple agrees that it will perform services on the Plan's behalf as set forth in this Agreement, including any addenda to this Agreement. However, HRASimple will not undertake any duties or responsibilities, regardless of whether they are set forth in the Plan if such actions violate any applicable domestic law or regulation.
Plan Fiduciary. If we are a Benefit Plan Investor, we represent, warrant and agree that (i) the Issuer has not provided, and it will not provide, any investment recommendation or investment advice on which it, or any fiduciary or other person investing the assets of the Benefit Plan Investor (“Plan Fiduciary”), has relied as a primary basis in connection with its decision to invest in the Class B Notes, and they are not otherwise undertaking to act as a fiduciary, as defined in Section 3(21) of ERISA or Section 4975(e)(3) of the Code, to the Benefit Plan Investor or the Plan Fiduciary in connection with the Benefit Plan Investor’s acquisition of the Class B Notes; and (ii) the Plan Fiduciary is exercising its own independent judgment in evaluating the investment in the Class B Notes.