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