|
(6 Prudential
<br />Services Agreement
<br />Provided by Prudential Retirement
<br />Insurance and Annuity Company
<br />Affiliates, from the Selling Broker or its Affiliates or from the Registered Representative or from
<br />Relatives of the signatory. For purposes of this section, an "Affiliate" of an entity is (i) a partner,
<br />director, officer or employee of such entity or (ii) another entity controlled by or under common control
<br />with such entity and a "Relative" of an individual is the individual's ancestor, spouse, brother, sister,
<br />spouse of a brother or sister, direct descendent (including adopted persons) or spouse of a direct
<br />descendent.
<br />13. Market Timing/Excessive Trading Monitoring Program. Plan Sponsor agrees that Participant
<br />transactions will be subject to Prudential's Market Timing/Excessive Trading Program, as described in
<br />the Disclosures section of the Implementation Workbook.
<br />14. Records Retention. After the termination of the Agreement, Prudential will retain all books and
<br />records in its possession, whether in hard copy or in an electronic format, relating to the Plan for such
<br />period as required by law and its Records Management Program. Prudential will cooperate in
<br />= r:ar, .1poni,..
<br />copies of materials in its possession upon request and at the Plan Sponsor's expense.
<br />15. Audits. The Plan Sponsor shall have the right to conduct an audit of Prudential's performance of the
<br />Services, including through the inspection of Prudential's records and information maintained in
<br />connection therewith, and Prudential agrees to reasonably cooperate with such audit; provided that (i)
<br />Prudential receive written notice setting forth the anticipated objectives, scope, procedures and
<br />information and records required relating to the audit no less than thirty (30) days, (ii) such audits may
<br />not be conducted more frequently than once per Plan Year without Prudential's written consent, and
<br />(iii) the Plan Sponsor will reimburse Prudential for the expenses and costs it incurs in providing such
<br />cooperation. Prudential agrees to reasonably cooperate with any audit relating to the Plan conducted
<br />by applicable regulatory agencies.
<br />16. Insurance. Prudential shall at all times during the term of this Agreement, at its own cost and
<br />expense, carry and maintain commercially reasonable insurance coverage, including the insurance
<br />policies listed below.
<br />• Worker's Compensation and Employer's Liability insurance, with statutory limits for workers'
<br />compensation and Employer's Liability limits of $1,000,000 per accident.
<br />• Commercial General Liability insurance, insuring against claims for bodily injury, property
<br />damage, completed operations and contractual liability with a limit of $1,000,000 per
<br />occurrence and $2,000,000 in the aggregate.
<br />• Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles
<br />used in the performance of this Agreement with a combined single limit of $1,000,000.
<br />• Casualty Umbrella or Excess Liability follow -form insurance in the amount of $5,000,000.
<br />• Professional Liability or Errors & Omissions insurance with limits of at least $5,000,000 each
<br />claim or wrongful act with a $250,000,000 deductible.
<br />• Fidelity Bond or Comprehensive Crime insurance covering employee dishonesty with limits
<br />of at least $5,000,000 each claim with a $250,000,000 deductible.
<br />• Cyber Risk or Privacy Liability insurance with limits of at least $5,000,000 each claim or
<br />wrongful act with a $250,000,000 deductible.
<br />Prudential will be solely responsible to pay and determine the deductibles on these insurance
<br />policies, which will be;issued-by insurance carriers with an A.M. Best rating of A- or better. In the
<br />25D-13
<br />
|