Fiduciary Status. The provisions of this Exhibit C are additional to and do not amend, replace or otherwise reduce the Executive’s fiduciary obligations at law or equity.
Fiduciary Status. Nothing contained herein or in any User Manuals shall be deemed to create any fiduciary status on the part of Bank in connection with the provision of the RDC Services.
Fiduciary Status. Nothing contained herein shall be deemed to create fiduciary status on the part of Bank in connection with the provision of the Service. The foregoing notwithstanding, to the extent, if any, that Bank is deemed to be a fiduciary of Business in providing the Service, this Agreement is not intended to, nor shall, relieve Bank of any fiduciary responsibility otherwise imposed on it by law.
Fiduciary Status. The Company acknowledges and agrees that (i) the purchase and sale of the Notes pursuant to this Agreement is an arm’s-length commercial transaction between the Company, on the one hand, and the Underwriters, on the other, (ii) in connection therewith and with the process leading to such transaction each Underwriter is acting solely as a principal and not the agent or fiduciary of the Company, (iii) each Underwriter has not assumed an advisory or fiduciary responsibility in favor of the Company with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company on other matters) or any other obligation to the Company except the obligations expressly set forth in this Agreement and (iv) the Company has consulted its own legal and financial advisors to the extent it deemed appropriate. The Company agrees that it will not claim that any Underwriter has rendered advisory services of any nature or respect, or owes a fiduciary or similar duty to the Company, in connection with such transaction or the process leading thereto.
Fiduciary Status. In addition to the rights and obligation of the Parties, the following provisions will also be incorporated into this Appendix:
Fiduciary Status. Consultant acknowledges that in carrying out the consulting services described in Section A.1 of Exhibit A, Consultant is a fiduciary with respect to the Plan within the meaning of Section 3(21) of ERISA and Labor Regulation Sections 2510.3-21(c)(1)(i) and (ii)(B). Accordingly, Consultant agrees to discharge such duties with respect to the Plan in accordance with the standards set forth in ERISA.
Fiduciary Status. CBI and Convergys each acknowledges that actions required to be taken pursuant to this Agreement may be subject to fiduciary duties or standards of conduct under ERISA or other applicable law, and no party shall be deemed to be in violation of this Agreement if it fails to comply with any provisions hereof based upon its good faith determination that to do so would violate such a fiduciary duty or standard.
Fiduciary Status. Xxxx Atlantic and NMS acknowledge and agree that NMS shall not be a fiduciary within the meaning of the Employee Retirement Income Security Act of 1974, as amended, or any state or federal law with respect to any Plan. NMS shall not have any discretion with respect to the management or administration of any Plan or with respect to determining or changing the rules or policies pertaining to eligibility or entitlement of any Participant in any Plan to benefits under such Plan. NMS also shall not have any control or authority with respect to any assets of any Plan, including the investment or disposition thereof. All discretion and control with respect to the terms, administration or assets of any Plan shall remain with Xxxx Atlantic or with the named fiduciaries under such Plan. NMS shall not be responsible or liable for any claims decisions made by Vendors based on eligibility information provided to Vendors by NMS. The determination as to whether claims shall be paid under the Plan shall be the responsibility of Xxxx Atlantic and Vendor in accordance with each applicable Plan.
Fiduciary Status. The Plan Sponsor acknowledges that it is the plan fiduciary within the meaning of ERISA, or other relevant law, with the authority to select service providers and plan investments. In fulfilling its responsibilities under this Agreement, MassMutual acts solely as a non-fiduciary agent of the Plan Sponsor. The essence of MassMutual’s responsibilities under this Agreement is to implement instructions and directives it receives from the Plan Sponsor or, as authorized by the Plan Sponsor, from the participants. MassMutual is neither a fiduciary nor a plan administrator as these terms are defined in ERISA, or other relevant law. MassMutual has no discretion in matters of plan administration and management including, but not limited to, interpretation of the plan document, the application of law and the investment of plan assets. Discretion in these, and all other matters, lies exclusively with the Plan Sponsor. MassMutual does not give legal, accounting, or tax advice and the Plan Sponsor should consult its own legal tax and accounting advisors. The Plan Sponsor further acknowledges and agrees that all information about the Investment Options (including performance data), all participant enrollment and education information, and similar materials, are provided to the Plan Sponsor and participants to enable them to independently assess their options and make investment decisions in connection with the Plan. MassMutual is not authorized and will not make recommendations that the Plan Sponsor or a participant may rely on as a primary basis for investment decisions.
Fiduciary Status a. To the extent that Broker-Dealer, Agency, or any of the Representatives act as an "investment advice fiduciary," as defined in section 3(21) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and/or the applicable rules issued by the United States Department of Labor ("DOL") at 29 CFR section 2510.3-21 (the "DOL Fiduciary Rule"), as in effect on April 10, 2017 (or any extended date that may be announced by the DOL, herein the "Applicability Date"), in connection with the distribution of Policies to (or purchase or funding of Policies with assets of) employer-sponsored retirement plans and individual participant accounts thereunder that are subject to ERISA, and/or plans subject to section 4975 of the Internal Revenue Code of 1986, as amended ("IRC"), such as individual retirement accounts ("IRAs") described in sections 408 and 408A of the IRC (collectively, the "Covered Accounts"), each of them shall comply with standards of care and undivided loyalty applicable to plan fiduciaries under ERISA and to fiduciaries under section 4975 of the IRC. Broker-Dealer and Agency acknowledge and agree that nothing in this Agreement shall cause or require the Company or LFD to provide any investment advice or recommendation, or otherwise act as an "investment advice fiduciary," as defined in the DOL Fiduciary Rule, with respect to any Covered Account that acquires or holds a Policy or that uses its assets to purchase or fund a Policy.
