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Plan number 803237 <br />(b) Compensation for Advisory and other Services to the Vantagepoint Funds. <br />Employer acknowledges that certain wholly -owned subsidiaries of ICMA-RC <br />receive compensation from the Vantagepoint Funds for advisory and other <br />services furnished to the Vantagepoint Funds. The fees referred to in this <br />subsection are disclosed in the Vantagepoint Funds Prospectus and Statement of <br />Additional Information. <br />Employer acknowledges and agrees that ICMA-RC does not assume any <br />responsibility with respect to the selection or retention of the Plan's investment <br />options. Employer shall have exclusive responsibility for the Plan's investment <br />options, including the selection of the applicable mutual fund share class. <br />6. Custody <br />Employer understands that amounts contributed to the RHS plan are to be remitted <br />directly to Vantagepoint Transfer Agents in accordance with instructions provided to <br />Employer in the RHS plan materials and are not to be remitted to ICMA-RC. In the <br />event that any check or wire transfer is incorrectly labeled or transferred, ICMA-RC will <br />return it to Employer with proper instructions. <br />7. Responsibility <br />(a) ICMA-RC shall not be responsible for any acts or omissions of any person other <br />than ICMA-RC in connection with the administration or operation of the Plan. <br />(b) The Employer understands that, as a general matter, the Internal Revenue Service <br />("IRS") may decline to rule on certain design features or provisions that the <br />Employer may request to have added to the RHS plan materials. The Employer <br />agrees to hold ICMA-RC harmless in connection with the addition and <br />administration of any RHS plan feature or provision requested by the Employer <br />for which the IRS will not provide express interpretive guidance. <br />Indemnification <br />ICMA-RC shall not be responsible for any acts or omissions of any person with respect <br />to the Plan or related Trust, other than ICMA-RC in connection with the administration <br />or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold ICMA- <br />RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, <br />including without limitation, reasonable attorney's fees, that may be incurred by, imposed <br />upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or <br />litigation arising from any act done or omitted to be done by any individual or person <br />with respect to the Plan or related Trust, excepting only any and all loss, damage, penalty, <br />liability, cost or expense resulting from ICMA-RC's negligence, bad faith, or willful <br />misconduct. <br />