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his or her retirement goals or aueidpated returns. You adotowledge that the outcane of tha Guided I?adtways services calculations <br /> are aseimates only, and dterc is no gu:uaueee of the future financial performance of Participant invesemema or dxac Participants will <br /> meet their desired goal(s). <br /> You agree, understand and acknowledge tlxat the advice is based on the responses provided and other information furnished to us <br /> by Participants through Guided Padtways and Managed Aceouuts and updated as necessary. ICMA-RC shall not be liable for an <br /> misstatement or omission contained in the information furnished to us, or any loss, liability, claim damage or expense whatsoever <br /> arising out of or attributable eo such nxissearemem or omission. Nothing in dtis section shall be construed as n waiver of any riglxts <br /> lmployer or Participauts may have under canmon law, the Advisers Act, or any other federal or state securities or retirenxenc laws. <br /> ICMA-RC is nor responsible for providing and maintaining the communications and equipntcne (including persaxnl eompueers <br /> and modems) and cdcphone or alternative services requited for accessing and utilising clecaonic or anromated services, or for <br /> conununications service fees and charges incurred by dte Participant in accessing these services. <br /> 9. Assignability <br /> This Agreement shall not be assignable by any party without the prior written eomm~e of nc~ other party. <br /> 10. Term and Termination of Managed Accounts Service <br /> This Agreement shall be in effect and commence on the date all parries Ixave signed and executed this Agreement ("Inception Date'). <br /> 'Phis Agreement will be tenewed automatically for each succeeding year unless 60 days' advance written notice of termination is <br /> provided by either party to the other, provided however that some or all of the notice period may be waived upon a demonstration that <br /> only a? earlier termination will conxply with the independent fiduciary's fiduciary duty. <br /> Eny?loycr nxay terminate the services at any [ime for all Participants, subject to a reasonable advance written notice requirement <br /> consistent with applicable law. Such termination shall be effective as soon as reasonably practicable thereafter. <br /> A Participant may terminate the Mauagec{ Accounts service with respect to his a' het amount(s) at any time. <br /> During the term of this agreement, ICMA-RC reserves the right eo replace Ibboesat as the IFB in its sole discretimh. In the event <br /> ICMA-RC is unable m contract widx a suitable replacentene IFE, this Agrcctnent shall automatically terminate upon written notice <br /> from ICMA-RC eo the Employer. <br /> 11. Extraordinary Events <br /> ICMA-RC shall not be liable Lot foss caused d'u'ecely or indirectly by governmental restrictions, exchange or market rulings, <br /> suspension of trading, war, strikes, or ocher conditions beyond our control. We shall nor be responsible For loss or damages caused <br /> by equipment failm'e, eonvnuuieaeiatsllnes failure, unauthorized access, theft, systems failure and orhee consequences beyond <br /> our control. <br /> 12. Privacy <br /> Protection of Nonpublic Personal lnforntation. ICMA-RC is subject to various privacy reyuiremetus tot' the protection of <br /> its clients under ehe Gramm-Leach-Aliley Act ("GLBA") and regulations promolgaeed pursuant to G1.13A. <br /> Deflnicion of Nonpublic Personal Information. Nonpublic persmxal lnforntation of customers or consumers ("NPI°) <br /> includes, but is not hlnlred to, names, addresses, account balances, account numbers, aCCOWIC acttVlC}', Social Secw'ity numbers, <br /> mxpayer identification numbers, and seusitivc, iinancia! and health informaeion. NPI includes information on our forms or in a <br /> database of any kind, informaeion a'eated by us, inforntatiou collected by or on behalLof us and personally identifiable information <br /> derived from NPI. <br /> Disclosure and Use of NPI. All NPI that ICMA-RC obtains as a eesuh of offering these services to your Participants shall nor <br /> be used, disclosed, reused, or redisclosed to any unaff Bated third party, except to carry out dte purposes for which the information <br /> <br /> ' was disclosed. <br /> ICMA-RC; shall be permitted co disclose relevant aspects of ehe NPI to its officers, agents, subconcraaors, iudependene financial <br /> <br /> - expert and employees only tto ehe extent that such disclosure is reasonably necessary for the performance of its duties and <br /> obligations under the Agreement. <br /> Managed Accounts Service Agreement 6 ICMA•RC <br /> 12 <br /> <br />