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5 <br /> ARTICLE VIII <br /> LIABILITY AND IMMUNITIES OF THE TRUSTEE <br /> 8.1 Contributions. The Trustee shall not be responsible for computing or collecting contributions due <br /> under the Plan. <br /> 8.2 Claims Limited to the Fund. The Trustee, in its corporate capacity, shall not be liable for claims of <br /> any persons in any matter regarding the Plan; such claims shall be limited to the Fund. The Trustee shall <br /> not be liable to make distributions or payments of any kind unless sufficient funds are available therefor in <br /> the Fund. The Trustee shall be responsible only for such money and other assets as are received by it as <br /> Trustee under this Agreement. <br /> 8.3 Retention of Advisors. The Trustee may consult with legal counsel and other professional <br /> advisors with respect to the meaning and construction of this Agreement or its powers, obligations, and <br /> conduct hereunder. The Trustee shall not be liable for the consequences of, and shall be fully protected in <br /> reasonably acting pursuant to or reasonably relying upon, the advice of such legal counsel or advisors. <br /> 8.4 Qualification of Trust.The Trustee shall be fully protected in assuming that the Trust is tax- <br /> exempt pursuant to Code Section 501(a), unless it is advised to the contrary in writing by a governmental <br /> agency. <br /> 8.5 General Immunities of Trustee. Except for its own negligence, willful misconduct, or breach of <br /> fiduciary duty, neither the Trustee nor any of its officers, directors, or employees, nor any agent of or <br /> counsel for any of the foregoing, shall be liable to anyone at any time interested in the Plan, the Trust, or <br /> the Fund, for any act or omission in the administration of this Agreement. <br /> 8.6 Reliance on Instructions. The Trustee shall not be liable for any action reasonably taken or <br /> omitted in compliance with any written instruction, certification or other instrument purported to have been <br /> executed by or on behalf of the Administrator, the Trust will indemnify the Trustee and hold if harmless <br /> from any liability incurred by it with respect to any such action or omission. At any time the Trustee is in <br /> doubt concerning the course it should follow under this Agreement, it may request the Administrator to <br /> advise it, may withhold any action or omission until receiving advice in writing from the Administrator, and <br /> may rely upon any such advice or instructions from the Administrator in such matter. The Trustee may <br /> rely upon any written instrument purporting to be genuine and to have been presented and signed by the <br /> proper party or parties. <br /> 8.7 Communications. All notices, requests, certifications and other communications hereunder shall <br /> be in writing and shall be deemed to have been duly given when delivered by hand or mailed, certified or <br /> registered mail, with first-class postage paid, return receipt requested (a) if to the Trustee, to Nationwide <br /> Trust Company, One Nationwide Plaza, Columbus, Ohio 43215 or to such other person or address as the <br /> Trustee shall specify in writing to the Administrator; and (b) if to the Administrator, to Nationwide <br /> Retirement Solutions, Attention: PEHP Administration, One Nationwide Plaza, Columbus, OH 43215 or <br /> to such other address as the Administrator shall specify in writing to the Trustee. <br /> 8.8 Proof of Matters. Whenever the Trustee shall deem it desirable for matter to be proved or <br /> established before taking, permitting, or omitting any act, the matter(unless other evidence in respect <br /> thereof is specifically prescribed in this Agreement) may be deemed to be conclusively established by a <br /> certification of the Administrator delivered to the Trustee, and the Trustee shall be fully protected in <br /> relying on such an instrument. <br /> 8 <br />