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<br />4 <br />• - ~ <br /> <br />(4) ENROLL~AENT PROCEDURES AND WITHHOLDING AND REPORTING OF DEFERRED <br />AMOUNTS - Employer adopts, consents to, and agrees to operate in accordance <br />with the terms of the Procedures, which include the procedures for the enroll- <br />ment of all Eligible Employees, the withholding of deferred amounts, the <br />recomputation of taxable income, and the remittance of the deferred amounts <br />to the Board. Any additions or amendments to the Procedures shall be <br />provided by the Board at least sixty (60) days in advance of the effective <br />date of any such additions or amendments and the Employer's consent to such <br />Procedures shall be deemed given unless denied within thirty (30) days of <br />the receipt of such additions or amendments. <br />(5) CONFIDENTIALITY - The Board hereby agrees that any information <br />provided the Board by the Employer is confidential and shall not be used <br />by the Board, or its designees, for any purpose other than to carry out <br />its responsibilities under the program. <br />(6) COMMUNICATION WITH PARTICIPANTS - The Board agrees that through <br />its designees, it shall provide sufficient personnel and services to answer <br />any inquiries concerning the Eligible Employee's participation in the <br />Program. The Employer agrees that it will not communicate with Eligible <br />Employees or participants concerning the Program unless such communication <br />has been approved in advance by the Board, or its designees. <br />(7) LIABILITY OF EMPLOYER AND BOARD - The Board and the Employer shall <br />have no liability under the Program or the Plan except as provided in this <br />Agreement, the Plan, and the exhibits attached hereto. <br />Ttie Board shall indemnify and hold harmless the Employer from any and <br />all liability which may be asserted against it arising out of the Board's <br />implementation, offering, and administration of the Employer's Plan under <br />the Program, provided that such liability is not a result of the Employer's <br />own negligence. The Board shall endeavor to acquire liability insurance to <br />satisfy its obligations hereunder to the Employer, but failure to acquire <br />said insurance shall not reduce or mitigate the Board's responsibility to <br />the Employer as herein provided. <br />