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performance or operation of such Investments or accounts, but will provide Employer with quarterly performance reports prepared by a third party for such Investments; and that Lincoln may enter or terminate its agreements with such Investments without regard to the effect upon the Plan or Plan participants. LRSC will provide Employer with notice as soon as practicable of any change in the availability of an Investment selected by the Employer, and Employer will provide instructions to LRSC in response to these changes within a reasonable amount of time to adjust to the deletion of a particular Investment from the Program. Regarding any change of an Investment by an Investment or Investment's service providers (such as fund mergers, terminations, closures, etc.), LRSC shall provide reasonable notice to Employer of such changes once LRSC receives actual notice from the Investment. LRSC shall have no obligation to ensure it receives notice from an Investment and shall have no liability for an Investment or Investment's service providers failing to provide notice to Lincoln of such changes. 1.4 Reserved. 1.5 LRSC's Duties. In providing the services as part of the Program, LRSC is acting as an independent contractor engaged by the Employer. LRSC is not responsible for determining whether a particular Plan or Investment is appropriate for the Employer, the Plan, or any Plan participant and does not guarantee the performance of any investment option, unless such a guarantee is provided in a group annuity contract between Employer and a Lincoln affiliate. In performing the services listed in this Service Agreement, including the Manual, LRSC does not act as the plan administrator or a fiduciary to the Plan, and LRSC may reasonably rely, without making its own investigation, on any information received from the Employer, the Plan or any official, employee or agent of the Employer or Plan. LRSC will perform ministerial services with respect to the Plan, including facilitating participant transactions, at the direction of the Employer and as set forth in the Manual. 1.6 Payment for Services Employer agrees that the Plan will pay for all services it requests as set forth in this Service Agreement and/or in the Manual. 1.7 Acceptance of Enrollment Material, Forms, Website and Manual. Employer accepts the content and format of all enrollment materials, administrative forms, and website and any voice response system developed by LRSC with respect to Employer's Program, including all material and forms provided to Employer's employees. Employer warrants that all such material correctly reflects the appropriate administration of the Plan. LRSC will provide Employer enrollment material for, and Employer will distribute that material to, each eligible Plan participant. Employer also accepts the content and format of the Manual. The Manual describes the policies, procedures and operational matters for the Recordkeeping Services. The terms of the Manual may be modified from time to time by LRSC without the need to further amend this Service Agreement. Any changes in the Manual will be effective 30 days after receipt by the Employer, unless an earlier date is agreed to by the Parties, or unless the Employer provides LRSC within that 30 -day period a written objection to specific changes in the Manual. If the Employer raises objections as described above, LRSC and the Employer will consult with each other in an attempt to resolve the Employer's objections. Indian River County BOCC 457(b) INDR-001 1423269 Page 3 of 20