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Agmt25 Voya
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Agmt25 Voya
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Last modified
8/29/2025 11:06:53 AM
Creation date
8/29/2025 11:06:50 AM
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Agreement
PROJECT NAME
Loan Custodial Agreement
RMP File Number
304.5
Date
8/14/2025
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-6- <br />Employer. The Custodian shall be entitled to assume that such distributions are in full compliance with and not in <br />violation of the terms of the Plan or any applicable law. <br />7.5 Property Not Transferred. The Custodian reserves the right to retain such property as is not suitable <br />for distribution or transfer at the time of the termination of the Plan or this Agreement and shall hold such property <br />for the benefit of those persons or other entities entitled to such property until such time as the Custodian is able to <br />distribute or transfer such property. The Employer shall indemnify the Custodian from any costs incurred by the <br />Custodian for retaining the property until it can be distributed or transferred. Upon the appointment and acceptance <br />of a successor custodian, the Custodian's sole duties shall be those of a custodian with respect to the property not <br />transferred. <br />7.6 Termination of Administrative Services Agreement or Investment Agreement. Notwithstanding the <br />notice requirements in Section 7.2, in the event the Administrative Services Agreement between the Employer and/or <br />the Named Fiduciary and the Recordkeeping Affiliate is terminated, this Agreement shall terminate simultaneously <br />with the termination of the Administrative Services Agreement without further notice from any party hereunder to the <br />others. For purposes of this section, the Investment Agreement, if applicable, shall be subject to the terms of this <br />section in addition to or in the absence of an Administrative Services Agreement. <br />SECTION 8 - ADDITIONAL PROVISIONS <br />8.1 Assignment or Alienation. Except as may be provided by law, the Account shall not be subject to <br />any form of attachment, garnishment, sequestration or other actions of collection afforded creditors of the Employer, <br />participants or beneficiaries under the Plan. The Custodian shall not recognize any assignment or alienation of benefits <br />unless an Authorized Instruction is received. <br />8.2 Governing Law. This Agreement shall be construed in accordance with and governed by the laws <br />of the state of the Employer but the assets of the Account shall be held in the State of Connecticut. <br />8.3 Necessary Parties. The Custodian reserves the right to seek a judicial or administrative <br />determination as to its proper course of action under this Agreement. Nothing contained herein will be construed or <br />interpreted to deny the Custodian or the Employer the right to have the Custodian's account judicially determined. To <br />the extent permitted by law, only the Custodian and the Employer shall be necessary parties in any application to the <br />courts for an interpretation of this Agreement or for an accounting by the Custodian, and no participant under the Plan <br />or other person having an interest in the Account shall be entitled to any notice or service of process. Any final <br />judgment entered in such an action or proceeding shall, to the extent permitted by law, be conclusive upon all persons. <br />The Employer shall indemnify the Custodian for any costs incurred by the Custodian in seeking such judgment. <br />8.4 Notices. All notices and other communications hereunder shall be in writing and shall be sufficient <br />if delivered by hand or if sent by telefax or mail (including electronic mail), postage prepaid, addressed: <br />(a) If to the Custodian: <br />Melissa McAuliffe <br />Vice President <br />Voya Retirement Operations <br />One Orange Way, C3N <br />Windsor, Connecticut 06095-4774 <br />With copy to: <br />J. Denise Jackson <br />President <br />Voya Institutional Trust Company <br />One Orange Way, C4R <br />Windsor, Connecticut 06095-4774 <br />REV: 07-30-25 MI <br />ATTY/AGR.2025.195/Voya (Voya Loan Custody Agreement) (Page 6 of 7)
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