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<br />10.07 Effect of Adopted Plan Amendment. This Plan and any properly adopted amendment or
<br />modification shall be binding on the parties hereto and their respective heirs, administrators, trustees,
<br />successors, and assignees and on all Participants, Beneficiaries, and Alternate Payees.
<br />
<br />ARTICLE XI
<br />Authority of Plan Sponsor and Administrator
<br />
<br />11.01 Authority Binding on Participants, Beneficiaries, and Alternate Payees. The Plan Sponsor, the
<br />Administrator, or their respective agents shall be authorized to resolve any questions of fact
<br />necessary to decide the Participant's right under this Plan and such decision shall be binding on the
<br />Participant, Beneficiary, and any Alternate Payee, provided, however, that assets of the Plan shall be
<br />held for the exclusive benefit of Participants and Beneficiaries at all times.
<br />
<br />11.02 Authority to Interpret Plan. The Plan Sponsor, the Administrator, or their respective agents shall
<br />be authorized to construe the Plan and to resolve any ambiguity in the Plan.
<br />
<br />11.03 Investment Losses. The Participant specifically agrees not to seek recovery against the Plan
<br />Sponsor, the Administrator or any other employee, contractee, or agent of the Plan Sponsor or
<br />Administrator for any loss sustained by a Participant, a Beneficiary, or an Alternate Payee for the
<br />non-performance of their duties, negligence, or any other misconduct of the above-named persons,
<br />except that this paragraph shall not excuse fraud or wrongful taking by any person.
<br />
<br />11.04 Suspension of Benefit Payments. The Plan Sponsor, the Administrator, or their respective agents,
<br />if in doubt concerning the correctness of their action in making a payment of a benefit, may suspend
<br />the payment until satisfied as to the correctness of the payment or the identity of the person to
<br />receive the payment or allow the filing in any State court of competent jurisdiction, a suit in such
<br />form as they consider appropriate for a legal determination of the benefits to be paid and the persons
<br />to receive them. The Plan Sponsor shall comply with the final orders of the court in any such suit
<br />and all Participants, Beneficiaries, and Alternate Payees consent to be bound thereby insofar as it
<br />affects the benefits payable under this Plan or the method or manner of payment.
<br />
<br />11.05 Hold Harmless. The Plan Sponsor, the Administrator, and their respective agents are hereby held
<br />harmless from all court costs and all claims for the attorney's fees arising from any action brought by
<br />any Participant, Beneficiary, or Alternate Payee under this Plan or to enforce his rights under this
<br />Plan, including any amendment, modification or termination hereof.
<br />
<br />11.06 Litigation. The Administrator shall not be required to participate in any litigation concerning the
<br />Plan except upon written demand from the Plan Sponsor. The Administrator may compromise,
<br />adjust or effect settlement of litigation when specifically instructed to do so by the Plan Sponsor.
<br />
<br />11.07 Exclusive Benefit of Participants and Beneficiaries. Notwithstanding any contrary provision of
<br />the Plan, including any annuity contract issued under the Plan, in accordance with IRC Section
<br />457 (g), all amounts of Compensation deferred pursuant to the Plan, all property and rights purchased
<br />with such amounts, and all income attributable to such account, property, or rights shall be held for
<br />the exclusive benefit of Participants and Beneficiaries under the Plan and shall be held in a trust, in
<br />an annuity contract, as defined in IRe Section 401 (f), or in one or more custodial accounts. For
<br />purposes of this paragraph:
<br />
<br />(a) a trust must be established under the Plan pursuant to a written agreement that constitutes a
<br />valid trust under the law of the state in which the Plan Sponsor is located,
<br />
<br />i!J Nationwide Retirement Solutions, Inc.
<br />Consolidated Standard 457 Plan
<br />Amended and Restated 457(b) Governmental Plan Document
<br />November 11,2005
<br />
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