R2009-37 ADOPTING POST EMPLOYEMENT HEALTH PLAN

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, ', that are within their reasonable control. Terms of the CBA shall be deemed to be within the reasonable control of the Employer. 17. The Administrator shall indemnify and hold the Employer harmless for and against all losses, damages, liabilities or expenses(including, but not limited to reasonable attorney's fees and litigation expenses) which the Employer may incur as a result of claims based upon any breach by the Administrator, its a�liates, agents or employees of any provisions of this Agreement, the Plan Document or related items that are within their reasonable control. Terms of the CBA shall be deemed not within the reasonable control of the Administrator. 18. This Agreement shall be interpreted, and the rights and liabilities of the parties determined, in accordance with the laws of the State of Ohio. The parties consent to the jurisdiction of any Local, State or Federal Court located within Ohio. 19. This Agreement contains the entire agreement between the Employer and the Administrator with respect to the respective rights and obligations contemplated herein, and no representation, promise, inducement, or statement of intention relating to the respective rights and obligations contemplated by this agreement has been made by either party which is not set forth herein. This Agreement supersedes in all respects all prior agreements among the parties any may not be modified or amended, except by a duly executed instrument in writing. IN WITNESS WHEREOF, the Employer has caused this Agreement to be executed on its behalf by a duty authorized officer, and a duly authorized representative of NRS executed this Agreement on behalf of the Administrator. City of Decatur (Entity me i April 6 20 09 By. � En � Signatur � , 20 By: Officer of Natio ide Retirement Solutions, Inc. ("NRS" as Administrator) DC-293&0408(Collectively BargainedJ