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VI. TITLE AND OWNERSHIP OF ACCOUNTS Title and ownership of all accounts established under this Agreement shall at all times be vested in the CLIENT. As funds of the PLAN remain the property of CLIENT until such time as funds are "made available" (as specifically determined by and pursuant to IRC §457 as well as the applicable regulations issued by the Secretary of Treasury) to participant, No participant shall have any right to encumber, hypothecate, or alienate his or her interest in the PLAN. VII. ELIGIBLE PARTICIPANTS, VESTING OF ACCOUNTS AND APPLICABILITY OF IRC §457 1. The CLIENT will operate the PLAN in accordance with IRC §457, as amended, in determining eligibility and vesting, 2. All the payroll deferrals will be credited to the "SUB-ACCOUNTS" established in the name of CLIENT for each participant; i.e" "CLIENT" Deferred Compensation Account for John Doe." within two (2) business days of receipt of the payroll deferral information as described above. 3. FICAL will honor requests for withdrawal from a PLAN account only when authorized by CLIENT. VIII. LIMITATION ON FICAL'S DUTIES 1. FICAL is not the PLAN ADMINISTRATOR and is not a fiduciary of the PLAN. 2, The PLAN ADMINISTRATOR and not FICAL is responsible for monitoring contribution limits and making all benefit determinations. 3. FICAL has no authority or control over eligibility or the administration or the operation of the PLAN. 4. FICAL is not responsible for maintaining the PLAN. FICAL will be entitled to rely upon the accuracy and completeness of all information and instructions which FICAL reasonably believes genuine and to have been furnished to it by or at the direction of the CLIENT and will have no duty to inquire about any such information or instructions. IX. TRANSMISSION OF INSTRUCTIONS FROM PARTICIPANTS In providing its services hereunder on behalf of CLIENT, FICAL will employ various means of receiving and recording the transactions made pursuant to the PLAN. 7 .-