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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 />Qustodv <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 sbali 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 nile 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 />S. Indernni catr2n <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 ICMMA-RC in connection with the administration <br />or operation of the Plan. Employer shall indemnify ICMA -RC against, and hold ICMA - <br />RC harmless frown, any and all loss, darnage, 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 front 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 />25D -33 <br />