Scope of Relationship. Employer has sole and final authority to control and manage the operation of the Plan. Administrative Agent is and shall remain an independent contractor with respect to the service being performed hereunder and shall not, for any purpose, be deemed an employee of Employer or a fiduciary of the Plan. Administrative Agent and Employer shall not be deemed partners, nor are they engaging in a joint venture or governed by any legal relationship other than that of independent contractor. Administrative Agent does not assume any responsibility for the general policy design of the Plan, the adequacy of its funding, discretionary interpretation of the Plan, or any act or omission or breach of duty by Employer. Nor is Administrative Agent, under the terms of this Agreement, to be deemed an insurer, underwriter or guarantor with respect to any benefits payable under the Plan. Administrative Agent is providing certain ministerial administrative services at the direction of Employer only and does not assume any final risk or obligation with respect to Claims payable by Employer under the Plan or discretionary authority to interpret the terms of the Plan. Nothing herein shall be deemed to constitute Administrative Agent as a party to the Plan nor to confer upon Administrative Agent any authority or control respecting management of the Plan, independent authority or responsibility in connection with the administration of the Plan except as explicitly provided herein or responsibility for the terms or validity of the Plan.
Appears in 4 contracts
Samples: Administration Agreement, Administration Agreement, Administration Agreement
