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3.08 Fidelity Bond and Errors and Omissions Covera�e. The"Administrator" shall ma,intain a <br /> Fidelity Bond, meeting the mininlum requirements of ERISA and other applicable law, <br /> with respect to its employees handling funds of"Employer's Plan. In addition, <br /> "Administrator"will maintain a$1,000,000 Errnrs and Omissions policy. <br /> SECTION IV <br /> Capacit,y of"Administrator" <br /> 4.01 General. In fulfilling its duties and obligations under this Agreement,the"Administrator" <br /> is acting only as the administrative agent of"ENIPLOYER"for the Plan. In fulfilling its' <br /> duties and obligations under the Agreement, in no respect shall the "Administrator"be <br /> deemed to be a Trustee or Fiduciary with respect to Plan assets which may be used to <br /> fund Plan benefits. <br /> 4.02 Financial Liabilitv. The "Administrator" shall not be lia.ble, or advance its funds for the <br /> payment of Plan benefit claims, or Plan expenses, nor shall it be considered the insurer or <br /> underwriter of the liability of "EMPLOYER"to pravide benefits. <br /> 4.03 Discretion. The"Administrator" shall not have any discretion or authority with respect to <br /> the control, handling, investment or disposition of, Plan assets. <br /> 4.04 Administrative Assistance. The "Administrator"may obtain hospital audits, medical <br /> records, outside medical reviews and investigations and other miscellaneous service or <br /> information tha.t are prudent in the administration of the Plan. The fees for these services <br /> are paid by the Plan. <br /> The"Administrator"may perform necessary services as rnay be required by state or <br /> federal la.ws, rules,regulations or audits or other special requests by"EMPLOYER"on <br /> behalf of the Plan. These services are billed on an hourly basis as mutually agreed. <br /> The"Administrator"may also retain accountants, attorneys or such other service <br /> providers or professiorials, subject to prior written consent by the"EMPLOYER"to fulfill <br /> its duties under this Agreement as requested by or agreed to by"EMPLOYER". <br /> "EMPLOYER" shall reimburse the"Administrator"for any expenses incurred with <br /> respect to administrative assistance. <br /> 4.05 Representations. The"Administrator" is entitled to rely, and shall be fully protected and <br /> indemnified in relying upon the oral and written representations and warranties of <br /> "EMPLOYER", any Employee, Dependent,Participant or any other party to the extent <br /> that such reliance is not negligent in accordance with industry standards. <br /> 5 <br />