25D - AGMT RECORDKEEPING SVC 457 PLAN

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including reasonable expenses of counsel and other agents employed by the Trustee, incurred in conjunction with the administration of the Trust Fund. If the Trustee proposes an amended fee schedule and the Employer fails to object thereto within ninety (90) days of its receipt, the fee of 4.9% bps, shall be deemed accepted by the Employer. Section 9: Expenses of the Plan and Trust Fund. If permitted by the Plan, the reasonable expenses relating to the Plan and Trust Fund shall be paid by the Trust, except to the extent paid by the Employer. Such expenses shall include, without limitation, actuarial, investment management, accounting, legal and Trust expenses. Section 10: Accounts of the Trustee. The Trustee has accepted this Trust on the condition that the Employer has entered or is entering into a service agreement with an affiliate of the Trustee whereby an affiliate of the Trustee will provide recordkeeping services for all Plan assets held pursuant to this Trust Agreement. The Trustee shall be ICIiUIIGU lu illi VJiIIU iU Ulu LIIIiIIV)Vi, Ui IGy,i iiu ail wimal0 VI IIID IluJlt9G tU IIII YrWu lV 41G Lnljllvy 4l, li,G recordkeeping reports and related financial information provided by an affiliate of the Trustee, but the Trustee shall not otherwise be required to provide Trust accounts. Section 11: Resignation, Removal and Substitution of Trustee. (a) The Trustee may resign at any time by giving at least 60 days' written notice to the Employer (unless the Employer deems notice of a shorter duration to be adequate). The Employer may remove the Trustee at any time by giving at least 60 days' written notice to the Trustee (unless the Trustee deems notice of a shorter duration to be adequate). (b) The Trustee's service pursuant to this Agreement is conditioned upon the existence of one or more contracts between the Employer or the Plan (or the Trustee on behalf of the Employer or the Plan) and a subsidiary or affiliate of Prudential Financial, Inc. providing a funding medium for the Plan or providing for full Plan recordkeeping services. In the event the contract providing a funding medium or providing for recordkeeping services is discontinued or terminated, this Agreement shall be terminated as well with no further notice from either party to the other as of the date of discontinuance or termination of the contract providing a funding medium or providing for recordkeeping services. (c) Any successor trustee hereunder may be either a corporation authorized and empowered to exercise trust powers or may be one or more individuals. (d) Upon the appointment of a successor trustee, the resigning or removed Trustee shall execute, acknowledge and deliver all documents and written instruments necessary to transfer and deliver the Trust Fund and all rights and privileges therein to the successor trustee. Upon the appointment of a successor trustee, the resigning and removed Trustee shall be discharged from further accountability for the Trust Fund, and shall be under no further duty, obligation or responsibility for the disposition by such successor trustee of the Trust Fund or any part thereof. Section 12: Amendment and Termination of Trust. (a) The Employer and the Trustee may mutually agree at any time to amend this Trust Agreement and the Trust created hereby to any extent deemed advisable. No amendment to this Trust Agreement shall be effective unless mutually agreed to in writing by the Employer and the Trustee; provided, however, that Trustee's fee schedule may be amended as provided in Section 8. (b) The Employer may at any time revoke this Trust Agreement and terminate the Trust hereby created. Such revocation and termgr)ation shall) become effective upon receipt by the Trustee or 25D-37