Common use of Accounts of the Trustee Clause in Contracts

Accounts of the Trustee. The Trustee shall maintain or cause to be maintained suitable records, data and information relating to its functions hereunder. The Trustee shall keep accurate and detailed accounts of all investments, receipts, disbursements, and other actions hereunder, and such other records as the Administrator shall from time to time direct, as agreed to by the Trustee. Its books and records relating thereto shall be open to inspection and audit at all reasonable times by the Client or its duly authorized representatives and each Investment Manager. The Trustee shall be entitled to reasonable compensation and reimbursement of its reasonable expenses incurred in connection with such audits or inspections. Within sixty days after the close of each fiscal year of the trust and at more frequent intervals if agreed to by the parties hereto, and within sixty days after the removal or resignation of the Trustee as provided hereunder, the Trustee shall render to the Client a written statement and account showing in reasonable summary the investments, receipts, disbursements, and other transactions engaged in during the preceding fiscal year or period, and setting forth the assets and liabilities of the trust. Accounts maintained by the Administrator or Recordkeeper may be incorporated into Trustee reports. Unless the Client shall have filed with the Trustee written exceptions or objections to any such statement and account within the later of ninety days after receipt thereof or receipt by the Client of their audited annual report and except as otherwise required or provided by applicable law, the Client shall be deemed to have approved such statement and account, and in such case or upon written approval by the Administrator of any such statement and account, the Trustee shall be released and discharged with respect to all matters and things embraced in such statement and account as though it had been settled by a decree of a court of competent jurisdiction in an action or proceeding in which the Client, all other necessary parties and all persons having any beneficial interest in the Trust Fund were parties. The Trustee shall determine the fair market value of assets of the Trust Fund based upon valuations provided by Investment Managers, information and financial publications of general circulation, statistical and valuation services, records of security exchanges, appraisals by qualified persons, transactions and bona fide offers in assets of the type in question and other information customarily used in the valuation of property. The Client or its delegate, each Investment Manager, and the Trustee shall file such descriptions and reports and make such other publications, disclosures, registrations and other filings as are required of them respectively by ERISA. Nothing contained in this Trust Agreement or in the Plans shall deprive the Trustee of the right to have a judicial settlement of its account. In any proceeding for a judicial settlement of the Trustee’s accounts or for instructions in connection with the trust, the only necessary party thereto in addition to the Trustee shall be the Client, and no participant or other person having or claiming any interest in the Trust Fund shall be entitled to any notice or service of process (except as required by law). Any judgment, decision or award entered in any such proceeding or action shall be conclusive upon all interested persons.

Accounts of the Trustee. The Trustee shall maintain or cause to be maintained suitable records, data and information relating to its functions hereunder. The Trustee shall keep accurate and detailed accounts of all investments, receipts, disbursements, and other actions hereunder, and such other records as the Administrator shall from time to time direct, as agreed to by the Trustee. Its books and records relating thereto shall be open to inspection and audit at all reasonable times by the Client Company or its duly authorized representatives and each Investment Manager. The Trustee shall be entitled to reasonable compensation and reimbursement of its reasonable expenses incurred in connection with such audits or inspections. Within sixty days after the close of each fiscal year of the trust and at more frequent intervals if agreed to by the parties hereto, and within sixty days after the removal or resignation of the Trustee as provided hereunder, the Trustee shall render to the Client Company a written statement and account showing in reasonable summary the investments, receipts, disbursements, and other transactions engaged in during the preceding fiscal year or period, and setting forth the assets and liabilities of the trust. Accounts maintained by the Administrator or Recordkeeper Recordkeeper, such as participant directed brokerage accounts, may be incorporated into Trustee reports. Unless the Client Company shall have filed with the Trustee written exceptions or objections to any such statement and account within the later of ninety sixty days after receipt thereof or receipt by the Client of their audited annual report and except as otherwise required or provided by applicable law, the Client Company shall be deemed to have approved such statement and account, and in such case or upon written approval by the Administrator of any such statement and account, the Trustee shall be released and discharged with respect to all matters and things embraced in such statement and account as though it had been settled by a decree of a court of competent jurisdiction in an action or proceeding in which the ClientCompany, all other necessary parties and all persons having any beneficial interest in the Trust Fund were parties. The Trustee shall determine the fair market value of assets of the Trust Fund based upon valuations provided by Investment Managers, information and financial publications of general circulation, statistical and valuation services, records of security exchanges, appraisals by qualified persons, transactions and bona fide offers in assets of the type in question and other information customarily used in the valuation of property. The Client Company or its delegate, each Investment Manager, and the Trustee shall file such descriptions and reports and make such other publications, disclosures, registrations and other filings as are required of them respectively by ERISA. Nothing contained in this Trust Agreement or in the Plans shall deprive the Trustee of the right to have a judicial settlement of its account. In any proceeding for a judicial settlement of the Trustee’s 's accounts or for instructions in connection with the trust, the only necessary party thereto in addition to the Trustee shall be the ClientCompany, and no participant or other person having or claiming any interest in the Trust Fund shall be entitled to any notice or service of process (except as required by law). Any judgment, decision or award entered in any such proceeding or action shall be conclusive upon all interested persons.

Accounts of the Trustee. The Trustee shall maintain or cause to be maintained suitable records, data and information relating to its functions hereunder. The Trustee shall keep accurate and detailed accounts of all investments, receipts, disbursements, and other actions hereunder, and such other records as the Administrator Employee Benefits Committee shall from time to time direct, as agreed to by the Trustee. Its Subject to the confidentiality requirements of The Northern Trust Company’s other clients, the Trustee’s books and records relating thereto shall be open to inspection and audit at all reasonable times by the Client Employee Benefits Committee or its duly authorized representatives and each Investment Manager. The provided that the Trustee shall be entitled to reasonable compensation and reimbursement of its reasonable expenses incurred in connection with such audits or inspections. Within sixty days after the close of each fiscal year of the trust and at more frequent intervals if agreed to by the parties hereto, and within sixty days after the removal or resignation of the Trustee as provided hereunder, the Trustee shall render to the Client Company a written statement and account showing in reasonable summary the investments, receipts, disbursements, and other transactions engaged in during the preceding fiscal year or period, and setting forth the assets and liabilities of the trust. Accounts maintained by the Administrator or Recordkeeper may be incorporated into Trustee reports. Unless the Client Company shall have filed with the Trustee written exceptions or objections to any such statement and account within the later of ninety one hundred and twenty (120) days after receipt thereof or receipt by the Client of their audited annual report and except as otherwise required or provided by applicable lawthereof, the Client Company shall be deemed to have approved such statement and account, and in such case or upon written approval by the Administrator Employee Benefits Committee of any such statement and account, the Trustee shall be released and discharged with respect to all matters and things embraced in such statement and account as though it had been settled by a decree of a court of competent jurisdiction in an action or proceeding in which the ClientCompany, all other necessary parties and all persons having any beneficial interest in the Trust Fund were parties. The Trustee shall determine the fair market value of assets of the Trust Fund based upon valuations provided by Investment Managers, information and financial publications of general circulation, statistical and valuation services, records of security exchanges, appraisals by qualified persons, transactions and bona fide offers in assets of the type in question and other information customarily used in the valuation of property. The Client Company or its delegate, each Investment Manager, and the Trustee shall file such descriptions and reports and make such other publications, disclosures, registrations and other filings as are required of them respectively by ERISA. Nothing contained in this Trust Agreement or in the Plans shall deprive the Trustee of the right to have a judicial settlement of its account. In any proceeding for a judicial settlement of the Trustee’s 's accounts or for instructions in connection with the trustTrust Fund, the only necessary party thereto in addition to the Trustee shall be the ClientCompany, and no participant or other person having or claiming any interest in the Trust Fund shall be entitled to any notice or service of process (except as required by law). Any judgment, decision or award entered in any such proceeding or action shall be conclusive upon all interested persons.

Accounts of the Trustee. The Trustee shall maintain or cause to be maintained suitable records, data and information relating to its functions hereunder. The Trustee shall keep accurate and detailed full accounts of all investments, receipts, of its receipts and disbursements, and other actions hereunder, and such other records as the Administrator shall from time to time direct, as agreed to by the . The Trustee. Its 's books and records relating thereto with respect to the Trust Fund shall be open to inspection and audit by the Employer or the Committee at all reasonable times by during business hours of the Client or its duly authorized representatives and each Investment ManagerTrustee. The Trustee shall be entitled render from time to reasonable compensation time, and reimbursement not less frequently than once per year, accounts of its reasonable expenses incurred transactions to the Committee and certify to the accuracy thereof. The Committee may approve such accounts by an instrument in connection with such audits or inspectionswriting delivered to the Trustee. Within sixty days after In the close of each fiscal year absence of the trust and at more frequent intervals if agreed to by the parties hereto, and within sixty days after the removal or resignation of the Trustee as provided hereunder, the Trustee shall render to the Client a written statement and account showing filing in reasonable summary the investments, receipts, disbursements, and other transactions engaged in during the preceding fiscal year or period, and setting forth the assets and liabilities of the trust. Accounts maintained by the Administrator or Recordkeeper may be incorporated into Trustee reports. Unless the Client shall have filed writing with the Trustee written by the Committee of exceptions or objections to any such statement and account within the later of ninety sixty (60) days after receipt thereof or receipt by the Client of their audited annual report and except as otherwise required or provided by applicable lawan accounting has been rendered, the Client Committee shall be deemed to have approved such statement and account, ; and in such case case, or upon the written approval by of the Administrator Committee of any such statement and account, the Trustee shall be released released, relieved and discharged with respect to all matters and things embraced set forth in such statement and account as though it such account had been settled by a the decree of a court of competent jurisdiction. No person other than the Committee may require an accounting or bring any action against the Trustee with respect to the Trust or its action as Trustee. The Trustee or the Committee shall have the right to apply at any time to a court of competent jurisdiction in an for judicial settlement of any account of the Trustee not previously settled as herein provided or for the determination of any question of construction or for instructions. In any such action or proceeding it shall be necessary to join as parties only the Trustee and the Committee (although the Trustee may also join such other parties as it may deem appropriate), and any judgment or decree entered therein shall be conclusive. In the case of the revocation or termination of this Trust, or in case of the resignation or removal of the Trustee, the Trustee shall have the right to a settlement of the Trustee's accounts, which accounting may be made either (a) by agreement of settlement between the ClientTrustee and the Committee, all other necessary parties or (b) by judicial settlement in an action, suit or proceeding instituted by the Trustee in a court of competent jurisdiction. Eleventh: Resignation, Removal and all persons having Substitution of Trustee. The Trustee may resign at any beneficial interest time, such resignation to take effect not less than thirty (30) days after any notice of such (unless notice of a shorter duration shall be accepted as adequate). Any successor Trustee hereunder may be either a corporation authorized and empowered to exercise trust powers or may be one or more individuals. In either event, the appointment of a successor Trustee shall not be effective until such successor Trustee delivers its written acceptance of trust to the Trustee. All of the provisions set forth herein with respect to the Trustee shall relate to each successor Trustee so appointed with the same force and effect as if such successor Trustee had been originally named herein as the Trustee hereunder. In the case of the resignation of the Trustee, the Trustee shall have the right to a settlement of the Trustee's accounts, as provided in Article Tenth hereof. Upon the completion of such accounting and upon the appointment of a successor Trustee, the resigning Trustee shall transfer and deliver the Trust Fund were partiesto such successor Trustee, after reserving such reasonable amount as it shall deem necessary to provide for its expenses in the settlement of its account, and any sums chargeable against the Trust Fund for which it may be liable. The If the sums so reserved are not sufficient for such purposes, the resigning Trustee shall determine be entitled to reimbursement for any deficiency from the fair market value successor Trustee. Also upon the completion of assets such accounting and upon the appointment of a successor trustee, the resigning Trustee shall thereupon be discharged from further accountability for the Trust Fund by reason of any matter embraced in such accounting, and shall be under no further duty, obligation or responsibility for the disposition by such successor Trustee of the Trust Fund based upon valuations provided by Investment Managersor any part thereof, information and financial publications of general circulation, statistical and valuation services, records of security exchanges, appraisals by qualified persons, transactions and bona fide offers in assets of the type in question and other information customarily used in the valuation of property. The Client or its delegate, each Investment Manager, and but the Trustee shall file such descriptions and reports and make such other publicationsshall, disclosures, registrations and other filings as are required of them respectively by ERISA. Nothing contained in this Trust Agreement or in the Plans shall deprive the Trustee of the right to have a judicial settlement of its account. In any proceeding for a judicial settlement of the Trustee’s accounts or for instructions in connection with the trust, the only necessary party thereto in addition to the Trustee shall be the Client, and no participant or other person having or claiming any interest in the Trust Fund shall be entitled to any notice or service of process (except as required by law). Any judgment, decision or award entered in any event, properly account for any such proceeding or action shall be conclusive upon all interested persons.sums reserved by it. Twelfth:

Accounts of the Trustee. The Trustee shall maintain or cause to be maintained suitable records, data and information relating to its functions hereunder. The Trustee shall keep accurate and detailed accounts of all investments, receipts, disbursements, and other actions hereunder, and such other records as the Administrator shall from time to time direct, as agreed to by the Trustee. Its books and records relating thereto shall be open to inspection and audit at all reasonable times by the Client Administrator or its duly authorized representatives and each Investment Manager. The Trustee shall be entitled to reasonable compensation and reimbursement of its reasonable expenses incurred in connection with such audits or inspections. Within sixty days after the close of each fiscal year of the trust and at more frequent intervals if agreed to by the parties hereto, and within sixty days after the removal or resignation of the Trustee as provided hereunder, the Trustee shall render to the Client Company a written statement and account showing in reasonable summary the investments, receipts, disbursements, and other transactions engaged in during the preceding fiscal year or period, and setting forth the assets and liabilities of the trust. Accounts maintained by the Administrator or Recordkeeper may be incorporated into Trustee reports. Unless the Client Company shall have filed with the Trustee written exceptions or objections to any such statement and account within the later of ninety sixty days after receipt thereof or receipt by the Client of their audited annual report and except as otherwise required or provided by applicable lawthereof, the Client Company shall be deemed to have approved such statement and account, and in such case or upon written approval by the Administrator of any such statement and account, the Trustee shall be released and discharged with respect to all matters and things embraced set forth in such statement and account as though it had been settled by a decree of a court of competent jurisdiction in an action or proceeding in which the ClientCompany, all other necessary parties and all persons having any beneficial interest in the Trust Fund were parties. The Trustee shall determine the fair market value of assets of the Trust Fund based upon valuations provided by Investment Managers, information and financial publications of general circulation, statistical and valuation services, records of security exchanges, appraisals by qualified persons, transactions and bona fide offers in assets of the type in question and other information customarily used in the valuation of property. The Client Company or its delegate, the Administrator, each Investment Manager, and the Trustee shall file such descriptions and reports and make such other publications, disclosures, registrations and other filings as are required of them respectively by ERISAERISA or other applicable law. Nothing contained in this Trust Agreement or in the Plans shall deprive the Trustee of the right to have a judicial settlement of its account. In any proceeding for a judicial settlement of the Trustee’s 's accounts or for instructions in connection with the trust, the only necessary party thereto in addition to the Trustee shall be the ClientCompany, and no participant member or other person having or claiming any interest in the Trust Fund shall be entitled to any notice or service of process (except as required by law). Any judgment, decision or award entered in any such proceeding or action shall be conclusive upon all interested persons.