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<br />Termination <br />This Agreement may be canceled by either the Employer or the Contract Administrator by <br />giving the other party written notice of intention to cancel this Agreement, provided <br />written notice of such termination is given at least two months prior to the date of <br />termination. <br />Notwithstanding the foregoing, the Contract Administrator shall have the right to <br />terminate this Agreement by notice to the Employer within 30 days of receipt of notice of <br />any amendment of the Plan which substantively changes the duties of the Contract <br />Administrator and such termination shall be effective coincident with the effective date of <br />such amendment. <br />As of the effective date of termination, the Employer will assume sole responsibility for <br />the operation of the Plan. All contributions and fees accrued to the date of termination <br />will be payable immediately upon the Contract Administrator's request. <br />Breach <br />No waiver of any breach of the terms of this Agreement shall constitute a waiver of any <br />other such breach, nor shall payment of any sums hereunder constitute a waiver of any <br />breach. <br />Severability <br />If any provision of the Agreement shall be held illegal or invalid for any reason, such <br />illegality or invalidity shall not affect the remaining provisions of the Agreement, and the <br />Agreement shall be construed and enforced as if such illegal and invalid provisions had <br />never been set forth in the Agreement. <br />Liability Insurance Coverage <br />The Contract Administrator shall maintain in force for the term of the Agreement a fidelity <br />bond in the amount of at least $250,000 and a comprehensive general liability policy that <br />includes errors and omissions coverage. <br />Assignment <br />The Contract Administrator shall not assign, transfer, or subcontract any of its rights, <br />duties, benefits, obligations, liabilities, or responsibilities under this Agreement without the <br />written consent of the Employer. <br />Action for Enforcement and Applicable Law <br />In the event an action is brought for enforcement of any of the terms of this Agreement, <br />the prevailing party shall be entitled to an award of reasonable attorney fees. <br />4 <br />r <br />