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5 PLAN INVESTMENT OPTIONS & FEES <br />5.1 Selection of Investment Options <br />5.1.1 The parties agree that the purchase and sale of securities for the Plan, except for <br />employer stock and unaffiliated self -directed brokerage, will be effected through Empower Financial <br />Services, Inc., a broker/dealer affiliate of Empower. <br />5.1.2 In addition to the sole responsibility for the selection of the Investment Options to <br />be made available under the Plan, Plan Sponsor will also Direct Empower to designate one of the <br />Investment Options available to be the default investment, in which any contribution or other amount <br />credited under the Plan for which neither the Participant nor the Plan Sponsor has provided Empower with <br />investment directions in good order will be invested ("Default Investment Fund"). Plan Sponsor may <br />designate a Default Investment Fund(s) for Participant contributions and also designate a second Default <br />Investment Fund for employer contributions. <br />5.1.3 Plan Sponsor Directs Empower and its Affiliates, as applicable, to cause all <br />dividends, capital gain distributions, interest or other earnings paid by an Investment Option under the Plan <br />to be reinvested in such Investment Option unless Directed otherwise by the Plan Sponsor and agreed to <br />by Empower. <br />5.2 Information Regarding Investment Options <br />Plan Sponsor Directs Empowerto obtain, or cause Its designee to obtain, all necessary information <br />(including but not limited to valuation, performance, prospectuses and other investment information) <br />regarding any Investment Option available under the Plan from any third parties representing such <br />Investment Options ("Investment Option Sponsor(s)"). Plan Sponsor acknowledges that prospectuses for <br />the Investment Options, as applicable, will be made available electronically through one or more websites <br />maintained by Empower or its Affiliates. In the event an Investment Option Sponsor does not provide all <br />necessary information and Empower agrees, Plan Sponsorwill arrange to provide Empoweror its designee, <br />or cause Empower or its designee to be provided, the necessary information regarding said Investment <br />Option. In no event will Empower be responsible for the accuracy of any such information provided to <br />Empower or its designee regarding any Investment Option, and Empower or Its designee will have no duty <br />or obligation to question, confirm or independently verify any such information. <br />5.3 Investment Option Changes. <br />5.3.1 Plan Sponsor may replace the Investment Options at any time, subject to <br />applicable notice requirements. Plan Sponsor will notify Empower in writing of any changes to such <br />Investment Options or the Default Investment Fund(s), and the parties will agree upon a process for <br />the transfer of assets and investment elections, if applicable, from prior Investment Options to new <br />Investment Options. <br />5.3.2 If any Investment Option is terminated by the investment Option Sponsor, and <br />Plan Sponsor wishes to replace the terminated option, Plan Sponsor agrees to replace the terminated <br />option with an available fund from any fund company that currently has, or will enter into, a trading <br />agreement with Empower. <br />28 <br />City Council 19 — 31 9/19/2023 <br />