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Plan Sponsor, or other third party. In such case, Plan Sponsor shall instruct Great -West how it wishes any resulting gain to be allocated or loss to be funded. G. Record Retention Policy Great -West shall retain all records in its custody and control that are pertinent to performance under this Agreement in accordance with its record retention policy, as amended from time to time. Great -West shall make such records available to Plan Sponsor for inspection and reproduction upon Plan Sponsor's reasonable advance written notice and at Plan Sponsor's expense. Great -West shall make all Plan and Participant records available in electronic format acceptable to Plan Sponsor within 14 days of request. VI. PLAN SPONSOR RESPONSIBILITIES A. If Plan Sponsor changes the reporting format for contribution reporting, Plan Sponsor shall give Great - West two weeks advance notice to test the new format before monies are remitted using the new format. If Plan Sponsor does not provide such notice of the new reporting format, then contributions will be effective two Business Days after receipt of monies sent in with the new format. B. Plan Sponsor agrees that Participants may be contacted at home or at work to obtain information necessary to process Participant requests or to perform other services under this Agreement. C. Plan Sponsor agrees to provide all information reasonably necessary for Great -West to perform its responsibilities under this Agreement. D. Plan Sponsor agrees to use its best efforts, including, if necessary, terminating a participant investment provider, to secure and maintain the cooperation of participating investment providers in providing the timely and accurate transmittal of data, including providing daily interest rates and unit/share values, that is reasonably necessary for Great -West to perform its responsibilities under this Agreement. E. Should Plan Sponsor appoint a Trustee for the Plan, the Trustee must be able to interface with Great - West's recordkeeping system in a passive role, and all monies must be sent to an omnibus trust account. Plan Sponsor agrees to require the Trustee to provide all information in its possession that is reasonably necessary for Great -West to perform its responsibilities under this Agreement. F. Plan Sponsor agrees to facilitate the scheduling of group presentations and individual counseling sessions and to provide facilities at which both Plan Sponsor and Great -West agree that satisfactory attendance can be expected. VII. WARRANTY, INDEMNIFICATION AND LIMITATION OF LIABILITY Great -West agrees to indemnify Plan Sponsor from and against any and all expenses, costs, reasonable attorney's fees, settlements, fines, judgments, damages, penalties or court awards ( "Damages ") actually incurred that are the direct result of any breach, gross negligence, reckless or intentional misconduct related to this Agreement by Great -West, and its affiliates and subsidiaries to the extent that they have not directly contracted with Plan Sponsor, or any failure by Great -West to perform its obligations under this Agreement in a manner consistent with generally accepted industry standards. Notwithstanding anything to the contrary herein, Great -West shall not be liable to Plan Sponsor for any Damages relating to or resulting from: 1) any breach of this Agreement by Plan Sponsor; 2) any direction of Plan Sponsor or any authorized agent thereof; or 3) any direction of any third party duly authorized or retained by Plan Sponsor to provide services relating to the Plan, including but not limited to an investment advisor, or any authorized agent thereof. This section represents a reasonable allocation of risk, and that it will survive the termination of this Agreement. Plan Sponsor acknowledges that Great -West, its affiliates, and their directors, officers, employees and authorized representatives are not responsible for investment performance of any Authorized Investment Options under the Plan. VIII. NOTIFICATIONS All notices, requests, demands or other communications provided for or required by this Agreement, or any instrument or document delivered pursuant to this Agreement, will be in writing. City of Santa Ana Services Agreement 401(a) 02 -02 -15 Page 15