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<br />j. To maintain the books of accounts, records and other data in the manner necessary for proper <br />administration of this Plan and to meet any applicable disclosure and reporting requirements. ' <br /> <br />9.3 Reliance on Participant, Tables, etc. <br />The Administrator may rely upon the information submitted by an Eligible Employee or Participant as <br />being proper under the Plan and shall not be responsible for any act or failure to act because of a <br />direction or lack of direction by an Eligible Employee or Participant. The Administrator will also be <br />entitled, to the extent permitted by law, to rely conclusively on all tables, valuations, certificates, opinions <br />and reports that are furnished by accountants, attorneys or other experts employed or engaged by the <br />Administrator. <br /> <br />9.4 Provision for Third-Party Plan Service Providers <br />The Administrator may employ the services of such persons as it may deem necessary or desirable' in <br />connection with the operation of the Plan. Unless otherwise provided in the service agreement, <br />obligations under this Plan shall remain the obiigation of the Employer. <br /> <br />9.5 Fiduciary Liability <br />To the extent permitted by law, the Administrator shall not incur any liability for any acts or for failure to <br />act except for their own willful misconduct or willful breach of this Plan. <br /> <br />9.6 Health Benefits Plan Contracts <br />The Employer shall have the right (a) to enter into a contract with one or more vendors for the purposes <br />of providing any Benefits under the Plan; and (b) to replace any of such vendors or contracts. Any <br />dividends, retroactive rate adjustments or other refunds of any type that may become payable under <br />any such contract shall not be assets of the Plan but shall be the property of, and be retained by, the <br />Employer, to the extent that such amounts are less than aggregate Employer contributions toward such <br />contract. <br /> <br />9.7 Inability to Locate Payee <br />If the Employer is unable to make payment to any Participant or other person to whom a payment is due <br />under the Plan because it cannot ascertain the identity or whereabouts of such Participant or other <br />person after reasonable efforts have been made to identify or locate such person, then such payment <br />and all subsequent payments otherwise due to such Participant or other person shall be forfeifed <br />following a reasonable time after the date that any such payment first became due. <br /> <br />9.8 Effect of Mistake <br />In the event of a mistake as to the eligibility or participation of an individual, or the allocations made to <br />the account of any Participant, or the amount of Benefits paid or to be paid to a Participant or other <br />person, the Administrator shall, to the extent that it deems administratively possible and otherwise <br />permissible under Code 9 105, the regulations issued thereunder or other applicable law, cause to be <br />allocated or cause to be withheld or accelerated, or otherwise make adjustment of, such amounts as <br />will, in its judgment, accord to such Participant or other person the credits to the HRA Account, or <br />distributions to which he or she is properly entitled under the Plan. Such action by the Administrator may <br />include withholding of any amounts due to the Plan or the Employer from Compensation paid by the <br />Employer. <br /> <br />ARTICLE X. GENERAL PROVISIONS <br /> <br />10.1 Expenses <br />All reasonable expenses incurred in administering the Plan are currently paid by the Employer. <br /> <br />10.2 No Contract of Employment <br />Nothing herein contained is intended to be or shall be construed as constituting a contract or other <br />arrangement between any Eligible Employee and the Employer to the effect that such Eligible Employee <br />will be employed for any specific period of time. All Eligible Employees are considered to be employed <br />at the will of the Employer. <br /> <br />Page 10 <br />