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D. All payment options are available for all investment options. All distributions will be made pro-rata from <br /> -- each of the Participant's investment options. ' <br /> E. Nationwide will be responsible for preparing and filing all reports required by federal and state taxing <br /> authorities through the effective date of the Agreement's termination, <br /> 9. TERMINATION <br /> Upon the effective date of termination of this Agreement, the following shall occur: <br /> A. Nationwide will no longer accept deferrals. <br /> B. Nationwide will provide EMPLOYER a copy of all records relating to Participant sub-accounts, in hard <br /> copy or such other form as mutually agreed upon between Nationwide and EMPLOYER, within one <br /> hundred twenty(120)days after the effective date of termination. <br /> C. Accounts in distribution will be tfansferred to EMPLOYER or its designee in accordance with the time <br /> frame described above. ' <br /> 10. CONFIDENTIALITY <br /> Nationwide agrees that all information supplied to and all work processed or completed by Nationwide shal� ' <br /> be kept confidential and will not be disclosed except as required by law. , <br /> 11. PRIVITY OF CONTRACT I' <br /> Nationwide and Plan Participants shall have no privity of contract with each other. I <br /> 12. TITLE AND OWNERSHIP I <br /> In accordance with the provisions of Intemal Revenue Code Section 457, all account(s)established under � <br /> this Agreement shall be held in the name of EMPLOYER, or by a Trustee/Custodian with a multi-employer <br /> "omnibus accounY'for the benefit of participants, in accordance with the Plan. <br /> 13. CIRCUMSTANCES EXCUSING PERFORMANCE <br /> A. Neither party to the Contract shall be in default by reason of failure to pertorm in accordance with <br /> its terms, including but not limited to the administrative and marketing services set forth in this <br /> Agreement, if such failure arises out of causes beyond reasonable control and without fault or <br /> negligence on their part. Such causes may include, but are not limited to, acts of God or public <br /> enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, <br /> epidemics, quarantine or restrictions, freight embargoes, and unusually severe weather. Neither <br /> party shall be responsible for performing all or that portion of services precluded by the foregoing <br /> events for such period of time as EMPLOYER or Administrator are precluded from performing <br /> such senrices in the normal course of business. Nationwide shall not be liable for lost profits, <br /> losses, damage or injury, including without limitation, special or consequential damages, resulting <br /> in whole or part from the foregoing events. <br /> "Acts of God"are defined as acts, events, happenings or occurrences due exclusively to natural <br /> causes and inevitable accident or disaster, exclusive from alt human intervention. <br /> 14. INDEMNIFICATION <br /> Nationwide agrees to defend, indemnify, and hold harmless the EMPLOYER, its officials, employees, and <br /> agents from all loss, cost, and expense arising out of any loss or injury sustained by anyone in connection <br /> with Nationwide's acts, errors, or omissions, or any of those of its ofFicers, agents, or employees, whether <br /> such act is authorized by this Agreement or not; and shall pay for any and all damages to EMPLOYER's <br /> -6- <br /> M:\Corp�2038\020/Nalionwide Master Administration Agreement.doc <br /> DC-4055-0905(nlj <br />