Common use of Fiduciary Status Clause in Contracts

Fiduciary Status. THE ASSOCIATION and NMS acknowledge and agree that ----------------- NMS shall not be a fiduciary within the meaning of the Employee Retirement Income Security Act of 1974, as amended, or any state or federal law with respect to any Plan. NMS shall not have any discretion with respect to the management or administration of any Health Plan or with respect to determining or changing the rules or policies pertaining to eligibility or entitlement of any Member or Subscriber in any Health Plan to benefits under such Health Plan. NMS also shall not have any control or authority with respect to any assets of any Health Plan, including the investment or disposition thereof. All discretion and control with respect to the terms, administration or assets of any Health Plan shall remain with the named fiduciaries under such Health Plan.