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Depending on its anticipated finding needs, uninvested funds ate generally used to either reduce the Custodian's overall borrowing from other sources (such as in the Federal Funds market) or invested in short -term investments (such as its Federal Reserve Account). Uninvested finds from the Plan are not segregated from other deposit funds, so attributing an exact earnings or interest factor applicable to the Plan's uninvested funds is not possible. Earrings on the float (or the corresponding reduction in borrowing, depending on anticipated finding needs) depends on numerous factors such as current interest rates, Federal Funds rates, credit risk, and the duration of the particuilar debt instrument. 7. Amendment and Termination. This Agreement may be amended by written agreement of the parties at any time. This Agreement shall continue in effect unless or until ternnated by either party upon thirty (30) days' written notice to the other party; provided that Custodian shall continue to act as Custodian of the Custodial Account unt l a successor Custodian is appointed. If no successor Custodian is appointed within ninety (90) days of such written notice of ternunation, Custodian shall be authorized to petition a court of competent jurisdiction for a declaration appointing a successor Custodian, and to change the Custodial Account for the reasonable costs, fees, and expenses of such legal process. Upon termination, all securities held in the account shall be delivered by the Custodian to a successor custodian appointed by the Employer or as otherwise directed in writing by the Employer. Notwithstanding the foregoing, this Agreement shall automatically terminate in the event that a contract for the provision of one or more finding mediums for the Custodial Account and recordkeeping services through Great -West are discontinued or terminated without renewal, effective as of the date of such discontinuance or termination, with no further notice from or to either party; provided that Custodian shall continue to act as Custodian of the Custodial Account until a successor Custodian is appointed. If no successor Custodian is appointed within ninety (90) days of such written notice of termination, Custodian shall be authorized to petition a court of competent ,jurisdiction for a declaration appointing a successor Custodian, and to charge the Custodial Account for the reasonable costs, fees, and expenses of such legal process. 8. Limitation of Liability. Custodian shall not be liable for any claims, liabilities, or expenses arising from or alleged to arise from any action or inaction taken by Custodian pursuant to the direction of Employer or any authorized agent thereof. Employer specifically releases Custodian from any liability except to the extent Custodian has committed negligence or malfeasance in the exercise of its responsibilities hereunder. 9. Notices. Notices to the Employer shall be directed and trailed as follows: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attention: Francisco Gutierrez, Finance Director Employer FIN #95- 6000785 Notices to the Custodian shall be directed and mailed as follows: Wells Fargo Batik, N.A. Institutional Retirement and Trust 1740 Broadway, MAC #C7300 -105 Denver, CO 80274 Attention: Andrea L. Stellish Notices to Great -West shall be directed and mailed as follows: 457(b) City of Santa Ana GVT Wells Fargo custodial agrmt 02 -24 -15 Page 5