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263 <br /> <br />the applicable percentage set forth in the table below through <br />December 31, 2000. No amount shall be due to PEBSCO under this <br />paragraph beginning January 1, 2001. <br /> <br /> Participant Years <br /> Of Participation* <br />Beginning July 1, 1985 Percentage <br /> 1-12 4% <br /> 13 3% <br /> 14 2% <br /> 15 1% <br /> 16 & Thereafter 0% <br /> <br />*Participant Years of Participation credited toward the schedule of <br />percentages set forth above may only be those years earned beginning with <br />the date a Plan participant's first deferral was credited to the Member <br />County's account, on or after July 1, 1985, under a product to which the <br />above charges apply. <br /> <br />C. NACoVA <br /> The Member County hereby agrees that it will exchange the current <br /> Nationwide Life Insurance Company DCVA variable annuity contract for <br /> the Nationwide Life Insurance Company NACoVA variable annuity <br /> contract upon the offering of the latter under the Program. The <br /> .Member County agrees to and understands that NACo Services will <br /> establish, maintain and change, as appropriate, the performance <br /> criteria for the mutual funds which will be offered under, added to, <br /> or removed from, the NACoVA and the Program. <br /> <br />VII. <br /> <br />TERMINATION: <br />A. MEMBER COUNTY <br /> Member County may terminate this Agreement upon 90 days' written <br /> notice to NACoServices and PEBSCO if NACoServices or PEBSCO fails <br /> to perform any of their obligations hereunder. During such 90 day <br /> period, the defaulting party shall have the right to cure the <br /> default or breach. Any written notice given hereunder shall <br /> specifically state the nature of the default or breach. <br />B. ~NACoSERVICES OR PEBSCO <br /> If the Member County fails to agree, whether by act or omission, to <br /> the terms and conditions for participation in the Program, <br /> NACoServices or PEBSCO shall have the right to terminate this <br /> Agreement upon 90 days' written notice to the Member County; <br /> provided, however, the Member County may cUre the default or <br /> omission within 90 days immediately following the date of said <br /> notice. <br /> <br />VIII. CONTRACT TERM <br /> This'Agreement is effective until written notice of termination <br /> pursuant to Article VII above is provided by any party. <br /> <br />NACoSERVICE <br /> /s/ John Gorman <br /> <br />Title: <br /> <br />Executive Director <br /> <br />MEMBER COUNTY <br /> /s/ James W. Lentz <br />Title: Chairman <br /> <br />PUBLIC EMPLOYEES BENEFIT SERVICES <br />CORPORATION <br />/s/ Joseph G. Wilkerson <br />Title: President <br /> <br /> UPON MOTION of Chairman Lentz, seconded by Commissioner Melvin and <br />unanimously carried, the Board by resolution changed the second regular meeting <br />of the Board from 7:00 P.M. on Monday, December 18, 1989, to 6:00 P.M. on <br />Wednesday, December 20, 1989. <br /> The Board set a work session to review the proposed Cabarrus County <br />Personnel Ordinance for 8:00 A.M. on Monday, December 11, 1989. <br /> Chairman Lentz asked that Board members receive notice of any Low-Level <br />Radioactive Waste meetings. <br /> <br /> <br />