R2009-23 ESTABLISHING DEFERRED COMPENSATION PROGRAM

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Empioyer; provided, however, the Employer may cure the default or omission within 90 days immediately - - , following the date of said notice. 4. DEFAULT In the event the Agreement is terminated for"Cause"(which shall mean the failure of either party to perform any or all of its obligations as defined herein);the non-defaulting party shall give the defaulting party written notice, specifying the particulars of the default. If such default is not cured within sixty(60) days from the date in which notice of default is given, the non-defaulting party may terminate the Agreement effective thirty (30) days after the end of the sixty(60) day period. 5. INVESTMENT OPTIONS Nationwide agrees to accept deferred compensation plan funds for investment in the investment options as mutually agreeable to the parties. EMPLOYER agrees to accept the terms and conditions of the insurance and investment company contracts as represented by Administrator pursuant to the operation of this Program. EMPLOYER agrees to assist the Administrator, as necessary, in the development of comprehensive investment and service specifications. A. Participants will be permltted to change their investment options as often as they wish, however, they . shall be subject to any applicable penalty or charge or restriction imposed for such change. 6. ESTABLISHMENT OF ACCOUNTS A. ENROLLMENT SERVICES Nationwide agrees to process, or arrange to have processed, the enrollment of eligible employees who elect to participate in the Plans. Nationwide agrees to provide informational and promotional material pursuant to the Plan for distribution to employees of EMPLOYER. EMPLOYER agrees to all�w and facilitate the periodic distribution of such material to employees and to disseminate promotional and communication materials as provided to it for employee distribution; It is mutually understood and agreed that EMPLOYER has designated Nationwide to act as its Agent in fulfilling certain of the administrative and marketing requirements of this Agreement. B, DEFERRALS The minimum participant deferral per pay period shall be not less than $10.00 or 1% (one-percent) of participant's salary. C. EMPLOYER agrees to: 1. Provide Administrator its full cooperation and support in administering the necessary deferral system for employee contributions; and n�tify Nationwide in writing, within fourteen (14) business days of a ParticipanYs separation from service, including retirement, with an Employer. 2, Name An EMPLOYER official or committee to act as Contract Administrator on behalf of the EMPLOYER on all material matters relating to activities of the Program. 3. Recognize that such tax-deferred savings benefits will act as incentives for employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their retirement income. -2- M:\Corp12D38\020/Nationwide Master Adminislration Agreement.doc DC-4055-0905[nl]