Agmt95 First Interstate Bank - Laserfiche WebLink

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1. The preferred method of receiving and recording instructions from participants shall be the use of a voice module (the "Voice Module"), whereby a voice response system will record each transaction contemplated hereunder. The Voice Module shall be accessible by a touch-tone telephone and available on the days and times set forth on Schedule B, CLIENT authorizes FlCAL to accept participant-initiated transactions if provided as a service. 2. FICAL's Voice Module shall contain a feature to enable callers to reach customer service representatives (the "Participant Service Center") who will assist with inquiries and complete transactions. The Participant Service Center shall be available on the days and times set forth on Schedule B. 3, If the Voice Module shall be inaccessible for any amount of time and from time to time, FICAL and the CLIENT shall agree to follow alternative procedures for processing Plan Participant instructions which will be set forth in the Recordkeeping Manual. 4, If payroll data is received by FICAL in hard copy media, FICAL shall use its reasonable best efforts to record such payroll data; provided, however, that FICAL shall be relieved from any deadline obligations set forth in the Recordkeeping Manual applicable to payroll data received in other media. X. DEFAULT 1. In the event either party is in default, due to an alleged breach under any of the terms or conditions of this Agreement, the nonbreaching party shall send written notice of the alleged breach to the breaching party with demand to cure said breach within five (5) days of said notice. The notice is deemed received two (2) days after deposit in the U, S. mail. All notices shall be sent certified mail return receipt requested to the address listed at the end of this Agreement or any other address provided in writing by one party to the other party. If the default is not cured within the five (5) day limit, the nonbreaching party shall have the right to: a. Terminate the Agreement without affecting any of the rights accrued to the nonbreaching party up to the date of such termination and without prejudice to the rights of the nonbreaching party to enforce the terms of this Agreement in full; and, b. Initiate legal action against the breaching party to recover all amounts due to the nonbreaching party in accordance with the terms of this Agreement, including reasonable attorney's fees and costs of litigation. 8 .-