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Plan number 803237 (b) Compensation for Advisory and other Services to the Vantagepoint Funds, Employer acknowledges that certain wholly -owned subsidiaries of ICMA -RC receive compensation from the Vantagepoint Funds for advisory and other services furnished to the Vantagepoint Funds. The fees referred to in this subsection are disclosed in the Vantagepoint Funds Prospectus and Statement of Additional Information. Employer acknowledges and agrees that ICMA -RC does not assume any responsibility with respect to the selection or retention of the Plan's investment options. Employer shall have exclusive responsibility for the Plan's investment options, including the selection of the applicable mutual find share class. 6. Custody Employer understands that amounts contributed to the RHS plan are to be remitted directly to Vantagepoint Transfer Agents in accordance with instructions provided to Employer in the RHS plan materials and are not to be remitted to ICMA -RC. In the event that any check or wire transfer is incorrectly labeled or transferred, ICMA -RC will return it to Employer with proper instructions. 7. Responsibility (a) ICMA -RC shall not be responsible for any acts or omissions of any person other than ICMA -RC in connection with the administration or operation of the Plan. (b) The Employer understands that, as a general matter, the Internal Revenue Service ( "IRS ") may decline to rule on certain design features or provisions that the Employer may request to have added to the RHS plan materials. The Employer agrees to hold ICMA -RC harmless in connection with the addition and administration of any RHS plan feature or provision requested by the Employer for which the IRS will not provide express interpretive guidance. S. Indemnification ICMA -RC shall not be responsible for any acts or omissions of any person with respect to the Plan or related Trust, other than ICMA -RC in connection with the administration or operation of the Plan. Employer shall indemnify ICMA -RC against, and hold ICMA - RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney's fees, that may be incurred by, imposed upon, or asserted against ICMA -RC by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plat or related Trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from ICMA -RC's negligence, bad faith, or willful misconduct, 25D -45