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2022-204
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2022-204
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Last modified
10/31/2022 12:28:43 PM
Creation date
10/31/2022 12:26:45 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/11/2022
Control Number
2022-204
Agenda Item Number
8.C.
Entity Name
Lincoln Retirement Services Company, LLC
Subject
Record Keeping Services Agreement
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service with proof of delivery or mailed by certified mail, postage prepaid, addressed as <br />follows: <br />If to Employer: County Administrator <br />Indian River County BOCC <br />180027 1h St. <br />Vero Beach, FL 32960 <br />Phone: (772) 226-1402 <br />If to LRSC: Officer/Head of Account Management <br />Lincoln Retirement Services Company, LLC <br />P.O. Box 7876 <br />Fort Wayne, IN 46801-7876 <br />Phone: (260) 455-2230 <br />Fax: (260) 455-3710 <br />Either Party may effect changes to the information contained in this Section 4.5 by <br />providing a written notification to the other Party. <br />4.6 Severability. Should any one or more of the provisions of this Service Agreement, <br />including the Manual, or of any agreement entered into pursuant to this Service Agreement <br />be determined to be invalid or unenforceable, a court will have the power to amend such <br />provision to the extent necessary to make such provision valid and enforceable, and in <br />any event all other provisions of this Service Agreement, including the Manual, and of <br />each other agreement entered into pursuant to this Service Agreement will be given effect <br />separately from the provision or provisions determined to be invalid or unenforceable and <br />will not be affected thereby. <br />4.7 Headings. The heading of the sections, subsections and paragraphs of this Service <br />Agreement have been inserted for convenience of reference only and do not constitute a <br />part of this Service Agreement. <br />4.8 Successors and Assigns. All the terms and provisions of this Service Agreement <br />will be binding upon, inure to the benefit of, and be enforceable by the respective <br />successors and permitted assigns of the Parties hereto, whether so expressed or not. This <br />Service Agreement will not be assignable by any Party hereto without the written consent <br />of the other Party, provided that LRSC may assign its obligations and rights to any of its <br />affiliates without consent of Employer. <br />4.9 Counterparts. This Service Agreement may be executed in one or more <br />counterparts, each of which when so executed will constitute an original and all of which <br />together will constitute one and the same Service Agreement. <br />4.10 Force Majeure. Neither Party will be liable to the other for any delay or failure in <br />performance caused by acts beyond the nonperforming Party's reasonable control, <br />including, without limitation, acts of God or public enemy, act of any military, civil, or <br />regulatory authority, change in any law or regulation, fire, flood, tornado, earthquake, or <br />storm, or other like event, disruption or outage of communications, power or other utility, <br />labor strikes, or any other cause, whether similar or dissimilar to any of the foregoing, <br />which could have not been prevented by the nonperforming Party with reasonable care. <br />Performance times will be considered extended for a period of time equivalent to the time <br />Indian River County BOCC 457(b) INDR-001 <br />1423269 Page 13 of 20 <br />
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