R2009-100 ESTABLISHING RETIREMENT HEALTH SAVINGS PLAN

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Plan# 803093 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. 8. Term This Agreement shall be in effect for an initial term beginning on the Inception Date and ending 5 years after the Inception Date. This Agreement will be renewed automatically for each succeeding year unless written notice of ternunation is provided by either party to the other no less than 60 days before the end of such Agreement year. 9. Amendments and Adjustrnents (a) This Agreement may not be amended except by written instrument signed by the parties. (b) The parties agree that an adjustment to compensation or administrative and operational services under this Agreement may only be implemented by ICMA-RC through a proposal to the Employer via correspondence or the Employer Bulletin. The Employer will be given at least 60 days to review the proposal before the effective date of the adjustment. Such adjustment shall become effective unless,within the 60 day period before the effective date, the Employer notifies ICMA-RC in writing that it does not accep�such adjustment,in which event the parties will negotiate with respect to the adjustment. (c) No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, pawer or privilege. 10. Notices All notices required to be delivered under Section 9 of this Agreement shall be delivered personally or by registered or certified mail,postage prepaid,return receipt requested,to(i)Legal Department, ICMA Retirement Corporation,777 North Capitol Street,N.E.,Suite 600,Washington,D.C,20002- 4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 11. Complete A�reement This Agreement shall constitute the sole agreement between ICMA-RC and Employer relating to the - 6-