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4. The Employer shall provide the Coordinator with a copy of any contemplated amendment; provided, however, that the Employer shall not adopt any amendment that would alter the Coordinator's duties hereunder without prior written consent of the Coordinator. 5. The Employer shall file with the appropriate governmental agencies all required returns, reports, documents and other papers relating to the Plan. The Employer shall distribute to participants all materials and documents as may be necessary or convenient for the operation of the Plan or to satisfy the requirements of applicable law and the Employer shall remain responsible for the final contents of all materials and documents. The Coordinator shall assist, if requested, the Employer in the preparation of materials for filing and distribution. 6. The Employer shall distribute to its employees participating in the Plan a copy of the Summary Plan Description. 7. The Employer shall provide a fidelity bond for fiduciaries and employees required by ERISA. The Employer shall provide the Coordinator with such evidence as is requested from time to time to assure the Coordinator that it is properly bonded. Section IV - Termination of the Agreement 1. This Agreement may be terminated by either the Employer or the Coordinator without cause and without liability for damages for breach, by written notice of intention to terminate given to the other party, to be effective as of a date certain set forth in the written notice, which shall not be less than 30 days from the date of such notice. All obligations of the Coordinator relating to payment of claims under the Plan will be terminated on the effective date of termination given in the notice even though the claim for such benefits arise prior to termination of this Agreement. 2. The Agreement shall automatically terminate: · If any law is enacted or interpreted to prohibit the continuance of this Agreement, upon the effective date of such law or interpretation; · If any monthly administrative fee remains unpaid to the Coordinator beyond 30 days past the due date, upon notification by the Coordinator to the Employer in writing that the Coordinator intends to exercise its option to enforce this provision; or · If at any time the Employer fails to provide funds for the payment of Plan benefits or expenses, upon notification by the Coordinator to the Employer in writing; · If at any time the Coordinator fails to perform its obligations under this Agreement, upon notification by the Employer to the Coordinator in writing and such nonperformance is not cured within 15 days of receipt of such notice. 3. Within 60 days after termination of this Agreement, the Coordinator shall prepare and deliver to the Employer a complete and final accounting and report of the financial status of the Plan as of the date of termination, together with all books and records in its possession and control pertaining to the administration of the Plan, all claim files, and all reports and other paper pertaining to the Plan. At the time of the final accounting, the Coordinator shall deliver to the Employer any funds of the Plan in its possession or control. Coordinator Agreement Adopting ERISA Trust 01/01/00 4