Plan Fiduciary Sample Clauses

Plan Fiduciary. (a) Except as provided in Section 1.9, Xxxxxxxx agrees that DBI is not a named fiduciary, or a plan fiduciary under the Plan as such terms are described under XXXXX. DBI is not the plan administrator and shall have no power or authority to waive, alter, breach or modify any terms and conditions of the Plan. DBI 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.
Sample 1
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Plan Fiduciary. (a) Employer agrees that DBI is not the plan administrator, the Named Fiduciary or a plan fiduciary under the Plan as such terms are described under ERISA, except as provided in Section 1.16. DBI shall have no power or authority to waive, alter, breach or modify any terms and conditions of the Plan. DBI 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.
Sample 1
Plan Fiduciary. The Plan Fiduciary is the Plan Administrator.
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Plan Fiduciary. (a) Except as provided in Section 1.6, Xxxxxxxx agrees that XXXXxxxxx is not a named fiduciary or a Plan fiduciary under the Plan as such terms are described under XXXXX. 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.
Sample 1
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.
Sample 1
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.
Sample 1
Plan Fiduciary. Plan Sponsor acknowledges and agrees that the performance by the TPA of its obligations under this Appendix C does not make the TPA a plan administrator, plan sponsor, or fiduciary as defined by XXXXX, 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 XXXXX. As such, Plan Sponsor retains full discretionary authority, control, and responsibility for the operation and administration of the Plan.
Sample 1
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Related to Plan Fiduciary

  • Named Fiduciary The Company shall be the named fiduciary and plan administrator under this Agreement. It may delegate to others certain aspects of the management and operational responsibilities including the employment of advisors and the delegation of ministerial duties to qualified individuals.

  • Plan Administrator Employees must elect a plan administrator during their initial enrollment in Advantage and may change their plan administrator election only during the annual open enrollment and when permitted under Section 5. Dependents must be enrolled through the same plan administrator as the employee.

  • Plan Administration AvMed may from time to time adopt reasonable policies, procedures, rules and interpretations to promote the orderly and efficient administration of this Contract.

  • No Advisory or Fiduciary Responsibility In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), the Borrower acknowledges and agrees that: (i) (A) the arranging and other services regarding this Agreement provided by the Lenders are arm’s-length commercial transactions between the Borrower and its Affiliates, on the one hand, and the Lenders and their Affiliates, on the other hand, (B) the Borrower has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (C) the Borrower is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (ii) (A) each of the Lenders and their Affiliates is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary for the Borrower or any of its Affiliates, or any other Person and (B) no Lender or any of its Affiliates has any obligation to the Borrower or any of its Affiliates with respect to the transactions contemplated hereby except, in the case of a Lender, those obligations expressly set forth herein and in the other Loan Documents; and (iii) each of the Lenders and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower and its Affiliates, and no Lender or any of its Affiliates has any obligation to disclose any of such interests to the Borrower or its Affiliates. To the fullest extent permitted by law, the Borrower hereby waives and releases any claims that it may have against each of the Lenders and their Affiliates with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.

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