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4.8.1.2 Empower will send an initial notification of default electronic delivery via <br />regular mail to each Participant at least 10 days prior to delivering any plan -related documents via email. <br />The initial notice of default electronic delivery will include the participant's email address that will be used <br />to deliver notices of the availability of plan -related documents, a statement of the Participant's right to <br />request and obtain a paper version of the documents and a statement of the option to opt out of electronic <br />delivery and receive only paper versions of the documents. <br />4.8.1.3 If an email notice of availability of a plan -related document is returned <br />undeliverable, Empower will send the notice to another email on file for the Participant. If no other email is <br />on file for the Participant or such other email is also returned undeliverable, plan related documents will be <br />delivered via regular mail to the Participant until such time as Empower is provided another email address <br />for the Participant. <br />4.8.1.4 Participants may request to receive one paper copy of a plan -related <br />document for no cost. in addition, Participants may opt out of electronic delivery and request that their plan - <br />related documents be delivered via regular mail at any time. <br />4.9 Review of Reports. Plan Sponsor is responsible for reviewing and monitoring reports <br />made available by Empower (whether provided electronically, by posting on an Empower, website, or <br />otherwise) regarding Plan activity, transactions and investments to verify that the transactions indicated in <br />the reports properly reflect the Direction provided by the Plan Sponsor. Empower's performance of its <br />obligations under this Agreement shall be presumed to be accurate unless Plan Sponsor provides Empower <br />with proper notice of discrepancies. <br />4.10 Error Correction. <br />4.10.1 Transactional Errors. If Empower does not accurately process contribution, <br />distribution, or investment instructions provided in good order by a Participant or the Plan Sponsor (e.g., <br />Investment allocation of Plan contributions, investment exchanges or transfers, or timely processing of a <br />Plan distribution) and the issue is brought to Empower's attention within ninety (90) days from the <br />transaction confirmation, statement or other report issued by Empower following the error's occurrence, <br />Empower will, at its own expense, retroactively correct the Plan or Participant account to reflect its adjusted <br />financial position had the error not occurred, including any investment earnings and reduced by any <br />investment losses. If the issue is not timely brought to Empower's attention, Empower may correct the error <br />by adjusting the Plan or Participant account prospectively, Any such correction under this section 4.10.1 <br />shall be subject to applicable law. <br />4.10.2 Plan Operational Errors. If Empower is timely notified that it has made an error <br />that creates an operational or fiduciary issue for the Plan, Empower will, within a reasonable time after <br />being notified of or discovering such error, notify the Plan Sponsor and describe the corrective option that <br />Empower proposes to employ that is consistent with the Internal Revenue Service, Department of Labor, <br />or other agency correction guidelines, where applicable, and Plan Sponsor shall review the proposed <br />correction option. Unless the Plan Sponsor objects to such proposed correction and requests an alternate <br />correction option within five (5) business days after receiving notice of Empower's suggested corrective <br />option, the Plan Sponsor Directs Empower to promptly process the correction in accordance with the <br />proposal, at Empower's expense. If Empower's proposed correction is consistent with Internal Revenue <br />Service, Department of Labor, other agency correction guidelines, or other guidance, but the Plan Sponsor <br />requests an alternate correction method resulting in expenses in excess of what Empower would have <br />incurred under its proposed correction, the Plan Sponsor shall bear such additional expenses (including <br />26 <br />City Council 19 — 29 9/19/2023 <br />