Laserfiche WebLink
66 <br />3. RESPONSIBILITIES OF PLAN SPONSOR <br />3.1 Plan Sponsor or its designated agents shall be responsible for providing to Adviser <br />accurate data and information necessary to enable Adviser to perform the Services required under this <br />Schedule, including but not limited to, timely and reasonable notifica tion of employer-initiated events, the <br />information, materials, Directions or other data referenced in any Schedule, and the information reasonably <br />requested by Adviser to enable it to comply with federal law concerning Know Your Customer rules under <br />the USA Patriot Act, in such form and at such time as the parties mutually agree. Adviser reserves the right <br />to reject or return any documents, materials, or other information that are unreadable, corrupted, or which <br />Adviser is otherwise unable to process. Plan Sponsor agrees to provide or to assist Adviser in obtaining <br />all Participant data that is necessary to perform its duties under this Schedule, including but not limited to: <br />date of birth, income, gender, and state of residence. Plan Sponsor acknowledges th at timely receipt of <br />appropriate information is a prerequisite to the performance of Adviser’s Services and Adviser shall not be <br />liable for any delay or failure in the performance under this Schedule due to Plan Sponsor’s failure to comply <br />with the information submission deadlines established and communicated to Plan Sponsor by Adviser in a <br />timely manner. <br />3.2 Plan Sponsor or Plan Administrator shall make all discretionary decisions with respect to <br />the administration of the Plan relative to the Services and shall direct Adviser in accordance with such <br />decisions. Plan Sponsor shall be responsible for selecting and monitoring the Investment Options offered <br />through the Plan. In addition, Plan Sponsor agrees, for itself and on behalf of the Plan, that neither Adv iser <br />nor Subadviser shall have any authority or responsibility under this Schedule for the selection or monitoring <br />of the Plan’s Investment Options, or the provision of investment advice to Plan Sponsor with respect to the <br />Plan’s Investment Options. Plan Sponsor acknowledges that Empower, as the Plan’s recordkeeper, may <br />facilitate the use and awareness of the Services during the Plan enrollment process or as otherwise <br />requested by Plan Sponsor and Empower’s call center may refer Participants to Adviser’s investment <br />adviser representatives if the call concerns the Plan or their Plan account. Plan Sponsor understands and <br />agrees that, in the event the individual terminates or otherwise un-enrolls from the Managed Account <br />Service, such individual’s account shall remain invested in the Investment Options as selected by the <br />Adviser or Subadviser prior to such termination or un-enrollment and that the individual or Plan Sponsor is <br />responsible for any subsequent changes to the Investment Options. <br />3.3 Plan Sponsor shall be responsible for deciding whether to implement the Opt-Out Feature <br />of the Managed Account Service and determining which Participants shall be subject to the Opt-Out Feature <br />and direct Adviser with respect to such decisions. To the extent Plan Sponso r designates the Managed <br />Account Service as the default investment for the Plan, Plan Sponsor shall be responsible for selecting an <br />Investment Option for purposes of allocating individual accounts until such time as the Adviser begins <br />management of a Managed Account Participant’s account; provided, however, in the event the individual <br />is not eligible for the Managed Account Service, such individual’s account shall remain invested in the <br />Investment Options selected by the individual or the Plan Sponsor until the individual or Plan Sponsor <br />directs otherwise.