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<br />. <br /> <br />this contract, the Contract Administrator shall deliver to the Plan Sponsor, upon <br />written request, at a time period mutually agreeable, but not to exceed six months <br />from date of termination, the information on all participants' histories for the past <br />three years. If the participant history is requested, the Plan Sponsor will pay all <br />costs incurred by the Contract Administrator in providing the history, including the <br />cost of programming, computer charges, mailing costs, etc. If additional <br />information is requested by the Plan Sponsor after this contract terminates, the <br />Plan Sponsor will pay all costs incurred by the Contract Administrator in providing <br />such information, including the cost of programming, computer charges, mailing <br />costs. etc. The Contract Administrator shall be entitled to retain copies of any <br />such records at its own expense, <br /> <br />5, Liabilities and Obliqations. The Contract Administrator shall have no <br />responsibiiity. risk, liability or obligation for the funding of the Plan. The <br />responsibility and obligation for funding the Plan shall be solely and totally the <br />responsibility of the persons or entities so provided in the Plan. <br /> <br />(a) it is further understood and agreed that the Contract Administrator <br />shall have no responsibility or obligation to take action, legal or <br />otherwise, against any employer or employees or other person to <br />enforce provisions of this Plan, In the event that ttle Plan Sponsor <br />desires to engage the services of the Contract Administrator for such <br />,purposes, such services shall be engaged and rendered only <br />pursuant to a separate written agreement between the parties. <br /> <br />. <br /> <br />(b) It is further understood and agreed that the Contract Administrator <br />:::.Ildllllul L.,c I C;:lPOl,6;blc VI oblig~ted fol tIle. il,y.<:3tn"lCllt of BAY 633~t3 <br />or funds of the Plan. <br /> <br />(c) The Contract Administrator shall process benefits in accordance with <br />, the Plan or policy adopted by the Plan Sponsor. The Contract <br />Administrator shall Incorporate sound business practices and be <br />responsible for reasonable internal audits. Where an error exists the <br />Contract Administrator shall use reasonable internal audits. Where <br />an error exists the Contract Administrator shall use reasonable efforts <br />for recovery of any loss resulting therefrom, but will not be required to <br />initiate legal process for any recovery. <br /> <br />(d) It is further understood and agreed that the Contract Administrator <br />shall not be responsible for determining the participants' eligibility to <br />participate in the Plan and may rely on the information supplied by the <br />Plan Sponsor in determining eligibility. <br /> <br />. <br /> <br />6. Indeoendent Contractor. It is understood and agreed that the Contract <br />Administrator is engaged to perform services under this Agreement as an <br />independent contractor. The Contract Administrator shall use his best efforts to <br />implement such written instructions. if any, as to policy and procedures which <br />may be given by the Plan Sponsor to the Contract Administrator provided that <br />such instructions are consistent and compatible with the description of services to <br />be performed by the Contract Administrator and do not violate or contradict any <br />