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Wellness Path only in the manner in which it has been authorized to use it in this Agreement. Employer will notify Lincoln if any authorized individual ceases to be authorized or if Employer becomes aware of any unauthorized access or use by Employer Personnel. Employer warrants that it is the responsible and authorized fiduciary for the above-named Plan for purposes of making Wellness Path available within its Plan. Employer acknowledges that use of the Wellness Path does not guarantee success or a particular outcome. Plan participants will have to execute the End User Agreement in order to access Wellness Path. Notwithstanding anything in this Agreement, to the contrary, as a result of providing Wellness Path, and subject to Plan participant consent or a participant's decision to otherwise share their data, in the tool or with the Plan's broker of record, investment advisor or other authorized financial professional ("Financial Professional"), Lincoln and/or its personnel or the Financial Professional authorized on the Plan, may utilize plan and participant information, including Employee and Plan content or data collected from the Employer and/or Plan participants, to provide the Wellness Path service and for purposes of identifying and making available to the Employer or Plan participants certain investment- and insurance related products and/or services that may be helpful to Plan participants outside of the Plan ("Ancillary Products/Services"). Such Ancillary Products/Services may relate to the reinvestment of the proceeds of a distribution from Employer's Plan. Furthermore, subject to Plan participant consent obtained in the End User Agreement, or otherwise, notwithstanding anything in this Agreement to the contrary, Employer agrees that data derived by Lincoln or Questis from the offering of Wellness Path may be used for the purposes of analysis, including, without limitation, statistical analysis, trend analysis, creation of data models, and creation of statistical rules. The results of such analysis ("De -identified Data") may be used by Lincoln or Questis for internal business purpose, including, without limitation, determining future hardware and communications needs for Questis' systems and determining trends associated with use, operation, and efficacy of Wellness Path. Notwithstanding anything contained in this Agreement, Re- identified Data shall not contain any information that identifies or can be reasonably used to identify an individual person or their financial data. ARTICLE 2 FEES AND EXPENSES 2.1 Fees. Fees for the Recordkeeping Services shall be as set forth in Exhibit C attached hereto. Upon expiration of the Fee Commitment Period, as defined in Section 2.4, LRSC may update the fees set forth in Exhibit C by amending Exhibit C as set forth in Section 4.13. Employer agrees that its agreements with LFGTC will provide for the payment of such fees from Plan assets. In the event Employer terminates this Service Agreement on a non -quarter end date, the fees will be prorated and assessed on the date the assets are distributed from the Program. Indian River County BOCC 457(b) INDR-001 1423269 Page 9 of 20