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�""" -eft' IUUC�ARY EXPERTS Page 5 of 6 judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Fiduciary Status. Consultant hereby acknowledges and agrees that it will be a fiduciary of the Plan under ERISA and that it will perform its duties under the Agreement: (a) in accordance with the provisions of the documents and instruments governing the Plan insofar as such documents and instruments are consistent with E12ISA, (b) with the care, skill, prudence and diligence required of a fiduciary of a plan subject to ERISA, and (c) for the exclusive purpose of providing benefits to the Plan participants and beneficiaries and defraying reasonable expenses of administering the Plan provided however, that to the extent the governing documents and instrument of the Plan allow Client to indemnify and hold harmless any person providing any services to Client and /or the Plan, Consultant specifically agrees that any such provision shall not apply to any services provided under this Agreement and that Consultant waives any such right, claim or demand for indemnification in connection with services provided under the Agreement. The parties acknowledge and agree that Consultant's services do not encompass any services in any capacity other than as described hereinabove and that Consultant has not been retained to, and will not, provide any services to Client in Client's settlor capacity. Securities Law Fiduciary Status. Consultant hereby acknowledges and agrees that it is an investment adviser under the Investment Advisers Act of 1940, and that as such, it has a fiduciary duty to provide disinterested advice and disclose any material conflicts of interest to Client. Adviser Independence. Neither Consultant nor any of its employees has a "material relationship," financial or otherwise, with any mutual fund or manager of any other investment vehicle that Consultant will recommend, consider for recommendation, or otherwise mention to Client for consideration. For this purpose, "material relationship" is any relationship that may affect the objectivity of the advice that Consultant provides under the terms of this Agreement. Fiduciary Liability Insurance. Consultant warrants and represents that is carries fiduciary liability insurance which covers breach of any duty hereinabove described in the Agreement. S � P a g e