5 One or more of the regulated investment firms comply with the provisions of this section in order to receive all undistributed funds offered by The Vanguard Group Inc., a Pennsylvania company, as an account available after the member`s death. Investments under this Agreement. Code. The Internal Revenue Code of 1986, as amended, and including all the provisions contained therein. All references in this Agreement refer to Sections II of the Treasury Regulations. Establishment of a deposit account. Vanguard Fiduciary Trust Company or a successor thereto has as its object. The purpose of this Agreement is to provide that the entity appointed in accordance with the provisions of the section and the accounts will receive contributions from the employer on behalf of the members in accordance with section 403(b)(7) of the Code. 11 Article VII Resignation of the guardian 7.1 Withdrawal. The depositary may withdraw at any time by written notification to the participant and the employer, which shall take effect 30 days after delivery, unless a successor depositary has been previously designated. The custodian bank may be dismissed by the employer at any time after 30 days of written notification to the depositary bank. However, the depositary may waive such notification.

Upon such withdrawal or withdrawal, the depositary must transfer all assets of the account and all related documents to the successor depositary appointed by the employer. If a successor depositary has not been so appointed within 30 days of the date of withdrawal or dismissal, the withdrawn or revoked depositary may designate a bank or trust company as the successor depositary under this Agreement. 7.2 Termination of Schedule. Upon receipt of the employer`s notice, the trustee may terminate in a form and manner acceptable to the trustee that the plan will terminate in accordance with paragraph 1.403(b)-10. In the event of termination of a plan, the depositary may make distributions from the account to the extent permitted by the terms of the plan. 7.3 Liability for successor laws. After resignation or dismissal, the custodian is not responsible for the acts or omissions of a successor custodian. With the transfer of the assets of the Account to a successor custodian, the outgoing or withdrawn custodian will be released from any other liability with respect to this Agreement, the Account and the assets thereof. 7.4 Bank as a custodian bank. The depositary and any successor depositary appointed under this Agreement is a bank within the meaning of Article 408(n) of the Code or any other person qualified as a depositary under Article 401(f)(2) of the Code. Article VIII Amendment and Termination 8.1 Amendment of the Agreement. (a) The Participant and the Employer hereby authorize the Trustee to amend this Agreement at any time, including retroactively, without the consent of the Participant or the Employer.

The Depositary shall immediately inform the Participant and the Employer of any such change. Notification may be made electronically, provided that the participant has accepted the electronic delivery of the contract and all changes. (b) No modification of this Agreement will result in or permit: (i) any portion of the Account assets used or misappropriated for purposes other than the exclusive benefit of the Participant or beneficiary, (ii) a reduction in the Participant`s benefits accrued under this Agreement, as described in 1.403(b)-10(b)(2), unless such modification is required; adapt the agreement to the requirements of the agreement. Code or (iii) the imposition of additional obligations or obligations on the depositary bank without its consent. 8.2 Modification of the Group Filing. The Participant understands and agrees that the Account may be converted by the Trustee in its sole discretion (with the consent of the Employer) into a Group Account between the Employer and the Custodian. With such an amendment and reformulation, this agreement ends in its current form. The Participant will be informed of such a change which does not reduce the Participant`s acquired share in the Account. 8.3 Termination of Contract. Unless a successor depositary has been appointed in accordance with the provisions of Article 7.1 of this Agreement, the Contract shall automatically terminate on the effective date of the withdrawal or dismissal of the depositary. Article IX Miscellaneous 9.1 Employers` scheme. All contributions to the account are made in accordance with the plan.

If the terms of the Plan are inconsistent with the provisions of this Agreement, the provisions of the Plan shall prevail, except for (1) with respect to Sections 4, 6, 7, 8 and 9 and (2) the Depositary`s responsibilities or obligations under this Agreement may not be modified without the prior written consent of the Depositary. 9.2 ERISA Requirements. Where the agreement is part of a scheme governed by Title I of ERISA, the employer is responsible for ensuring that the plan complies at all times with the requirements of Title I of ERISA. The trustee is not required to determine whether a plan is subject to Title I of the IPPA and has full right to rely on the employer`s representation of the plan`s ERISA status. 9.3 Grandfathering, Orphan and Church Contracts Notwithstanding anything to the contrary in this Agreement, to the extent that the Account is not maintained in accordance with a plan described in paragraphs 1.403(b)-2(b)(3), the Account will be managed in accordance with the Trustee`s reasonable management practices and policies. .