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, obligation that the Plan comply with any applicable <br /> `� ' '• federal, state, or local rule or law. <br /> C. FDL shall, to the extent possible, advise the Employer <br /> as to matters which come to its attention involving <br /> potential legal actions involving the Plan and shall <br /> promptly advise the Employer of legal actions commenced <br /> against the Employer which come to its attention. <br /> D. FDL shall use ordinary care and due diligence in the <br /> exercise of its powers and the performance of its <br /> duties hereunder, but with respect to those services <br /> described in Appendix A, FDL shall not be liable for <br /> any loss resulting from any delay in the performance of <br /> its duties hereunder caused or contributed to in whole <br /> or in part by failure of the Plan Sponsor to perform <br /> any of its duties hereunder in a timely manner. <br /> E. FDL may not be designated as the Administrator of the <br /> Plan nor t�e named fiduciary for the review of claims <br /> appeals. <br /> IV. Responsibilities of the Plan Sponsor <br /> The Plan Sponsor, shall use its best efforts to cooperate <br /> with and assist FDL in the performance of its duties <br /> hereunder. <br /> A. The Plan Sponsor shall furnish on a timely basis to FDL <br /> certain information concerning the Plan and <br /> Participants as may from time to time be required by <br /> � <br /> the Administrator for the performance of its duties <br /> including, but not limited to, the following: <br /> 1) ' All documents by which the Plan is established and any <br /> 3 <br />