2006-041-RES-Health Reimbursement

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SECTION VIII MISCELLANEOUS PROVISIONS 8.1 In the event of resignation or inability to serve as the Plan Supervisor, the Plan Sponsor may appoint a successor. 8.2 If during the operation of the Plan, the United States Government, the government of any state or any instrumentality or either shall assess any tax against the Plan and the Plan Supervisor is required to pay such tax, the Plan Supervisor shall report the payment to the Plan Sponsor who will reimburse the Plan Sponsor for such tax or assessment. 8.3 The Plan Supervisor shall incur no liability to the Plan Sponsor (or to the employee ofthe Plan Sponsor) for any act or failure to act not connected with processing and payment of claims as provided in this Agreement, except for its negligence or willful misconduct, and the Plan Sponsor shall hold the Plan Supervisor harmless from and indemnify it against any claims and all costs and expenses or fees incurred in connection therewith which might be asserted by the Plan, the Plan Sponsor's employees or other persons for which the Plan Supervisor would not be liable to the Plan Sponsor as set forth above. 8.4 Where the context of the Agreement requires, the singular shall include the plural and the masculine gender shall include the feminine. 8.5 This Agreement may be amended by the Plan Sponsor and the Plan Supervisor at any time by mutual written consent of said parties. 8.6 The Plan Sponsor hereby is designated the agent for service of legal process on behalf of the Plan, in its principal office. IN WITNESS THEREOF, the Plan Sponsor and the Plan Supervisor have executed this Agreement this day of ,20_. For Member For TML Intergovernmental Employee Benefits Pool By By Name Name Title Executive Director Title Address Healthcare Limitation amounts are limited to $ established by Employer) (maximum $5,200 or amount The Flex Plan Year is to Page 6