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5) Nationwide agrees to maintain, for a reasonable amount of time, the records necessary to produce any required reports. Plan Sponsor agrees that all related paper and electronic records shall remain the property of Nationwide. B. DISTRIBUTIONS 1) Nationwide shall make all distributions as directed by the Plan Sponsor, in accordance with the terms of the Plan Document, Fixed Annuity Contract and normal Nationwide processes, with the exception of loans. 2) Nationwide shall furnish each participant, who has received a benefit payment, tax reporting forms in the manner and time prescribed by federal and state law. Plan Sponsor shall be responsible for all tax reporting requirements for periods prior to the effective date of the original Agreement, or after the termination date of this Agreement, unless otherwise agreed to in writing by the parties to this Agreement 3) To the extent required by federal and state law, Nationwide will calculate and withhold from each benefit payment federal and state income taxes. Nationwide will report such withholding to the federal and state governments as required by applicable law. Section 7 PARTICIPANT SERVICES is hereby deleted and replaced in its entirety with the following: 7. PARTICIPANT SERVICES CUSTOMER SERVICE Nationwide's customer service representatives will be available toll-free to answer Plan Sponsor or recordkeeper questions and process applicable transactions between the hours of 8:00 a -m. and 11:00 p.m. Eastern Time each Monday through Friday, and between the hours of 9:00 a.m. and 6:00 p.m. Eastern Time each Saturday, with the exception of certain holidays as dictated by the New York Stock Exchange holiday trading schedule. The following provisions of the Agreement remain unchanged. Section 1. Designation, Section 2, Appointments and Responsibilities, Section 8. TERMINATION, Section 9. DEFAULT, Section 10. ASSIGNABILITY, Section 11. CONFIDENTIALITY, Section 12. CIRCUMSTANCES EXCUISING PERFORMANCE, Section 13. INDEMNIFICATION, Section 14, PARTIES BOUND, Section 15. PRIVITY OF CONTRACT, Section 16. APPLICABLE LAW AND VENUE, Section 17. MODIFICATION, Section 18. NO WAIVER, Sectionl9. SEVERABILITY, Section 20. AUTHORIZED PERSONS, Section 21. COMPLIANCE WITH THE LAWS, Section 22. SURVIVAL OF REPRESENTATIONS, WARRANTIES and INDEMNITY, Section 23. ATTORNEYS" FEES, Section 24. HEADINGS and Section 25. NOTICES Except as otherwise amended herein, all other terms and conditions of the Agreement not in conflict shall remain in full force and effect. If there is a conflict or ambiguity among the amendment and the Agreement, the documents in the following order shall prevail and control: (1) this first Amendment and (2) the original Agreement. [31 W