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faith, gross negligence or fraud on the part of FDL or any of <br /> � ' ' '+' � its directors, officers or employees. Without limiting the <br /> generality of the foregoing, it is agreed that FDL shall be <br /> responsible for any punitive or exemplary damages assessed <br /> against it, as a result of its actions, unless the actions <br /> giving rise to such damages were approved or concurred by the <br /> Plan Sponsor. <br /> D. If the Plan Sponsor advised FDL that it has misinterpreted <br /> the Plan or requests any exceptions to the Plan as <br /> represented by the Plan Sponsor's Flexible Benefit Plan <br /> Document attached hereto, all claims submitted for payment <br /> thereafter are to be processed in accordance with the <br /> interpretation set forth in writing. <br /> E. The costs of defense of any legal action involving the Plan <br /> involving any issue or activity in which FDL is not rendering <br /> services under this Agreement shall be the responsibility of <br /> the Plan Sponsor. It is understood and agreed that FDL, <br /> provided no conflicts of interest exist, shall fully <br /> cooperate with the Plan Sponsor, in the defense of any action <br /> arising out of matters related to the Plan or this Agreement. <br /> Any cost incurred by FDL shall be reimbursed by the Plan <br /> Sponsor. <br /> V. Joint Responsibilities <br /> A. If FDL or Plan Sponsor determine that any payment has <br /> been made under this Agreement to an ineligible <br /> 5 <br /> Participant or if FDL or Plan Sponsor determine that <br /> more or less than the correct amount of any payment <br /> hereunder has been paid, FDL will make a diligent <br /> 5 <br />