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ARTICLE XIX— IDENTITY VERIFICATION NOTICE <br />To help the government fight the funding of terrorism and money laundering activities, Federal law <br />requires all financial institutions to obtain, verify, and record information that identifies certain persons or <br />entities that open an account. When an account is opened, NTC may ask for the name, address and <br />other information that will allow NTC to identify the entity or person that sponsors the Plan. NTC may also <br />ask for a copy of identifying documents, such as a driver's license, government -issued business license, <br />or other documents. <br />ARTICLE XX — RULES OF CONSTRUCTION <br />The Agreement, together with all attached schedules and any applicable investment contracts shall <br />constitute the entire Agreement. The Plan and this Agreement shall be read and construed together. By <br />signing this Agreement, the Sponsor represents to NTC that the Plan conforms to and is consistent with <br />the provisions of this Agreement. Should the Plan need to be amended to conform to the provisions of <br />this Agreement, the Sponsor is responsible for such amendments. The terms of this Agreement shall <br />prevail over terms of the Plan in cases of conflict. <br />ARTICLE XXI — WAIVER <br />Failure of either party to insist upon strict compliance with any of the conditions of the Agreement shall <br />not be construed as a waiver of any of such conditions, but the same shall remain in full force and effect. <br />No waiver of any provision of the Agreement shall be deemed, or shall constitute, a waiver of any other <br />provision, whether or not similar, nor shall any waiver constitute a continuing waiver. <br />ARTICLE XXII — REFERENCES <br />Unless the context clearly indicates to the contrary, a reference to a statute, regulation, document, or <br />provision shall be construed as referring to any subsequently enacted, adopted, or re -designated statute <br />or regulation or executed counterpart. <br />ARTICLE XXIII — SEVERABILITY <br />If any provision of the Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or <br />unenforceable, the remaining provisions shall continue to be effective. <br />ARTICLE XXIV —MUTUAL FUND DISCLOSURE <br />The Sponsor acknowledges that Nationwide and its affiliates receive payments in connection with <br />the sale and servicing of investments allocated to participant Plan accounts ("Investment Option <br />Payments"). The Investment Option Payments include mutual fund service fee payments, which <br />are described in detail at www.nrsforu.com, and other payments received from investment option <br />providers. <br />NRS (07/2007) -8 of 9- <br />P63 <br />