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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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been identified by Employer to LRSC and for which the Employer shall have authorized <br />LRSC to provide access for administrative purposes (collectively the "Authorized Financial <br />Professionals"). If the Plan has a TPA, as identified in this Service Agreement, then <br />Employer further expressly consents to the disclosure of otherwise confidential and <br />proprietary information to said TPA. <br />Except for disclosure by a Party to its legal counsel, accountant or Authorized Financial <br />Professional neither Party will disclose the terms of this Service Agreement to any person <br />who is not a Party, unless disclosure is required by law or otherwise authorized by this <br />Service Agreement or with the consent of the non -disclosing Party. Unauthorized <br />disclosure of the terms of this Service Agreement will be a material breach of this Service <br />Agreement and will provide the non -breaching Party the option of pursuing remedies for <br />breach and/or immediate termination of this Service Agreement. The provisions of this <br />Section 1.13 will survive the expiration or other termination of this Service Agreement, <br />regardless of the cause of such termination. <br />Employer instructs Lincoln to provide Plan and Plan participant information to the <br />Authorized Financial Professionals. Employer represents and warrants that it has <br />conducted due diligence on the Authorized Financial Professionals regarding their data <br />security system to protect Plan participant data, including but not limited to name, address, <br />social security number, employment status, marital status, investment allocation and <br />account balance. Lincoln shall not be liable for any data breach or intrusion caused by the <br />Authorized Financial Professionals in any way, and except to the extent prohibited by law <br />Employer shall hold harmless and indemnify Lincoln pursuant to Section 3.1 under this <br />Agreement regarding such breach. <br />(a) Information Security. <br />(1) Protection of Employer's Confidential Information. Lincoln shall establish and <br />maintain a comprehensive written information security program that includes <br />appropriate administrative, technical, physical, organizational and operational <br />safeguards and other security measures reasonably designed to: (i) ensure the <br />security and integrity of Confidential Information; (ii) protect against any <br />anticipated or reasonably likely threats or hazards to the security or integrity of <br />Confidential Information; and (iii) prevent against any actual or suspected <br />unauthorized access to or, acquisition of Confidential Information. Such <br />measures shall include, without limitation, establishing and maintaining network <br />and internet security procedures, protocols, security gateways and firewalls with <br />respect to such Confidential Information. <br />Lincoln shall take all reasonable measures designed to: (i) secure and defend all <br />Lincoln locations, equipment, systems and other materials and facilities against <br />"hackers" and others who may seek, without authorization, to disrupt, damage, <br />modify, access or otherwise use Lincoln systems or the information found therein; <br />(ii) prevent Employer from having access to the data of other customers; (iii) <br />prevent Employer's Confidential Information from being commingled with or <br />contaminated by the data of other Lincoln customers; and (iv) prevent <br />unauthorized access to any Employer's Confidential Information; and (v) <br />continuously monitor its systems for potential areas where security could be <br />breached. <br />Indian River County BOCC 457(b) INDR-001 <br />1423269 Page 5 of 20 <br />
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