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Section V - Miscellaneous Provisions <br /> <br /> in the event of the Coordinator's resignation or inability to serve, the Employer may appoint <br />a successor. Any successor, upon appointment and acceptance, shall succeed to and be invested <br />with all powers conferred on the Coordinator. <br /> <br /> If any tax is assessed against the Plan, and the Coordinator is required to pay that tax, the <br />Coordinator shall report the payment to the Employer and the Employer shall reimburse the <br />Coordinator for the amount of the tax. The Employer is at all times responsible for the tax <br />consequences in the establishment and operation of the Plan. <br /> <br /> Each party agrees to indemnify and hold harmless the other party for actions, causes of <br />action, suits, claims, judgments, settlements, liabilities, damages, penalties, losses, expenses, <br />including without limitation, extra-contractual damages, court costs, attorney's fees, punitive and <br />exemplary damages resulting from or arising out of any function under this Agreement, if the <br />liability was the direct consequence of the action of the indemnifying party. <br /> <br /> No person dealing with the Coordinator in relation to the Plan will be obliged to determine <br />the Coordinator's authority to act pursuant to the Agreement. <br /> <br /> Where the context of the Agreement requires, the singular shall include the plural and vice <br />versa, and the masculine gender Shall include the feminine. <br /> <br /> This Agreement may be amended at any time by written agreement between the Employer <br />and the Coordinator. <br /> <br /> The Coordinator shall not be bound by any communication until it has been received at its <br />office at 203 North 10th Street, Fargo, ND 58102 or at such other address as it has specified to <br />the Employer. <br /> <br /> The Employer shall not be bound by any communication until it has been received at the <br />address shown below or such other address as it has specified to the Coordinator. <br /> <br />Signed for Cass County Government / Personnel by:. <br /> <br />Title: <br /> <br />Employer Address: 211 9th Street S., P. O. Box 2806, Fargo, ND 58108-2806 <br /> <br />Signed for the Coordinator by: <br /> <br />Suzanne Rehr <br /> <br />Vice President, Northern Capital Trust <br /> <br />Coordinator Agreement Adopting ERISA Trust 0t/01/00 5 <br /> <br /> <br />