Common use of Fiduciary Status Clause in Contracts

Fiduciary Status. ▇▇▇▇ Atlantic 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 Plan or with respect to determining or changing the rules or policies pertaining to eligibility or entitlement of any Participant in any Plan to benefits under such Plan. NMS also shall not have any control or authority with respect to any assets of any Plan, including the investment or disposition thereof. All discretion and control with respect to the terms, administration or assets of any Plan shall remain with ▇▇▇▇ Atlantic or with the named fiduciaries under such Plan. NMS shall not be responsible or liable for any claims decisions made by Vendors based on eligibility information provided to Vendors by NMS. The determination as to whether claims shall be paid under the Plan shall be the responsibility of ▇▇▇▇ Atlantic and Vendor in accordance with each applicable Plan.