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SECTION IX <br />ADMINISTRATION AND ACCOUNTING <br />9.1 Administrator <br />The Administrator shall have the responsibility and authority to control the operation and <br />administration of the Plan in accordance with the terms of the Plan, the Code and regulations <br />thereunder, and any State law as applicable. <br />The Administrator may contract with a financially responsible independent contractor to <br />administer and coordinate the Plan under the direction of the Administrator. The Administrator <br />shall have the right to designate a plan coordinator or other party of its choice to perform such <br />services under this agreement as may be mutually agreed to between the Administrator and the <br />plan coordinator or other party. <br />The Administrator has full and complete discretionary authority to determine all questions of <br />Plan interpretation, policy, participation, or benefit eligibility in a manner consistent with the <br />Plan's documents; such determinations shall be conclusive and binding on all persons except as <br />otherwise provided by law. <br />9.2 Administrative Costs <br />All reasonable expenses of administration may be paid out of the Plan assets unless paid (or <br />reimbursed) by the Employer. Such expenses shall include any expenses incident to the <br />functioning of the Administrator, or any person or persons retained or appointed by the <br />Administrator or the Employer incident to the exercise of his or her duties under the Plan, <br />including, but not limited to, fees of accountants, counsel, investment managers, agents <br />(including nonfiduciary agents) appointed for the purpose of assisting the Administrator in <br />carrying out the instructions of Participants as to the directed investment of his or her accounts <br />and other specialists and his or her agents, and other costs of administering the Plan. In addition, <br />unless specifically prohibited under statute, regulation or other guidance of general applicability, <br />the Administrator may charge to the Account Balance of an individual a reasonable charge to <br />offset the cost of making a distribution to the Participant, Beneficiary, or alternate payee or to the <br />Participant for Plan loans. If liquid assets of the Plan are insufficient to cover the fees of the <br />Administrator, then Plan assets shall be liquidated to the extent necessary for such fees. In the <br />event any part of the Plan assets becomes subject to tax, all taxes incurred will be paid from the <br />Plan assets. Until paid, the expenses shall constitute a liability of the Trust Fund described in <br />Section 11.1. <br />9.3 Paperless Administration <br />The Administrator may use telephonic or electronic media to satisfy any notice requirements <br />required by this Plan, to the extent permissible under regulations (or other generally applicable <br />guidance). In addition, a Participant's consent to immediate distribution may be provided through <br />telephonic or electronic means, to the extent permissible under regulations (or other generally <br />applicable guidance). The Administrator also may use telephonic or electronic media to conduct <br />31 <br />Specimen 457(b) Plan Document <br />Deferred Compensation Plan <br />