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in the Manual. If the Employer raises objections as described above, LRSC and the <br />Employer will consult with each other in an attempt to resolve the Employer's objections. <br />1.8 Participants' Instructions. Employer instructs LRSC to follow any instructions by <br />Plan participants regarding their Investments or transactions in the manner and under the <br />conditions set forth in this Service Agreement, including, without limitation, the provisions <br />of the Manual. Any applicable transaction fee will be set forth in Exhibit C. <br />1.9 Reserved. <br />1.10 Plan Documents. Unless otherwise specifically agreed to in this Service <br />Agreement, including the Manual, or in another agreement between Lincoln and <br />Employer, LRSC will have no responsibility for the plan documents, including, but not <br />limited to, the Plan's basic plan document, summary plan description or summary of <br />material modification, and will have no responsibility for updating or amending any such <br />documents. <br />1.11 Reserved. <br />1.12 Representations and Warranties. LRSC and Employer represent and warrant to <br />each other, upon execution and while this Service Agreement is in effect as follows: <br />a. It is not bound by any agreement or arrangement or law or regulation which <br />would preclude it from entering into, or from fully performing the services or <br />obligations required under this Service Agreement; and <br />b. Its license or certification in any jurisdiction has never been denied, <br />suspended, revoked, terminated, voluntarily relinquished under threat of <br />disciplinary action, or restricted in any way <br />1.13 Confidentiality. Each Party recognizes and acknowledges that, by virtue of entering <br />into this Service Agreement, it may have access to certain information of the other Party <br />that is confidential or proprietary and constitutes valuable, special and unique property of <br />that Party ("Confidential Information"). Each Party agrees that it will not at any time, either <br />during or subsequent to the term of this Service Agreement, disclose to others, use, copy <br />or permit to be copied, any Confidential Information, without the other Party's express prior <br />written consent, except pursuant to LRSC's duties hereunder and or as required by <br />applicable law. <br />Notwithstanding the foregoing and except to the extent that it constitutes personally <br />identifiable information within the meaning of applicable privacy laws, "Confidential <br />Information" shall not include any information that: (a) is or becomes generally available <br />to the public, other than as a result of a breach of this Service Agreement; (b) is lawfully <br />obtained from a third party with the right to disclose such information; or (c) is <br />independently developed by a Party without use of the other Party's Confidential <br />Information. <br />Employer expressly consents to the disclosure of its Confidential Information to its Plan <br />consultant; financial professional (including a registered investment advisor ("RIA")); third <br />party administrator ("TPA"); payroll provider; accountant; broker/dealer as defined herein; <br />155 <br />