Common use of Administration and Records Clause in Contracts

Administration and Records. 11.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the Employer. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer in writing of its intention to do so and transferring to Employer any of such accounts, books and records requested. 11.2 Within ninety (90) days after the close of each Plan Year (as such term is defined in the Plan), and within ninety (90) days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Year, or during the period from the close of the preceding Plan Year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer shall within such ninety (90) day period file with the Trustee written objections. 11.3 The Trustee shall upon the Employer’s reasonable request permit an independent public accountant selected by the Employer to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust. 11.4 As of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agree, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion of the Trustee, to determine the fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from the Trust Fund. 11.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer of the right to have a judicial settlement of the Trustee’s accounts. 11.6 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The Trustee shall prepare and file such tax reports and other returns as the Employer and the Trustee may from time to time agree to in writing.

Appears in 4 contracts

Samples: Trust Agreement (Host Marriott L P), Trust Agreement (Host Marriott Corp/), Trust Agreement (Host Marriott Corp/)

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Administration and Records. 11.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the Employer. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer in writing of its intention to do so and transferring to Employer any of such accounts, books and records requested. 11.2 Within ninety (90) days after the close of each Plan Year (as such term is defined in the Plan), and within ninety (90) days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Year, or during the period from the close of the preceding Plan Year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer shall within such ninety (90) day period file with the Trustee written objections. 11.3 The Trustee shall upon the Employer’s 's reasonable request permit an independent public accountant selected by the Employer to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s 's accounts for the Trust. 11.4 As of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agree, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion of the Trustee, to determine the fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from the Trust Fund. 11.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer of the right to have a judicial settlement of the Trustee’s 's accounts. 11.6 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The Trustee shall prepare and file such tax reports and other returns as the Employer and the Trustee may from time to time agree to in writing.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement (Lamar Advertising Co/New)

Administration and Records. 11.1 10.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its intention to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 10.2 Within ninety (90) days after the close of each Plan Year (as such term is defined in the Plan), and within ninety (90) days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Year, or during the period from the close of the preceding Plan Year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer Company shall within such ninety (90) day period file with the Trustee written objections. 11.3 10.3 The Trustee shall upon the Employer’s Company's reasonable request permit an independent public accountant selected by the Employer Company to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s 's accounts for the Trust. 11.4 10.4 As of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer the Company agree, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, the value of which shall be provided by the EmployerCompany. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion of the Trustee, to determine the fair market value of any security or other obligation issued by the EmployerCompany or any of its affiliates, the fees of which appraiser shall, unless paid by the EmployerCompany, be paid from the Trust Fund. 11.5 10.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer Company of the right to have a judicial settlement of the Trustee’s 's accounts. 11.6 10.6 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 10.7 The Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writing.

Appears in 2 contracts

Samples: Rabbi Trust Agreement (Alpha Natural Resources, Inc.), Rabbi Trust Agreement (Alpha Natural Resources, Inc.)

Administration and Records. 11.1 10.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its intention to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 10.2 Within ninety (90) days after the close of each Plan Year (as such term is defined in the Plan), and within ninety (90) days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Year, or during the period from the close of the preceding Plan Year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer Company shall within such ninety (90) day period file with the Trustee written objections. 11.3 10.3 The Trustee shall upon the EmployerCompany’s reasonable request permit an independent public accountant selected by the Employer Company to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust. 11.4 10.4 As of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer the Company agree, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, the value of which shall be provided by the EmployerCompany. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion of the Trustee, to determine the fair market value of any security or other obligation issued by the EmployerCompany or any of its affiliates, the fees of which appraiser shall, unless paid by the EmployerCompany, be paid from the Trust Fund. 11.5 10.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer Company of the right to have a judicial settlement of the Trustee’s accounts. 11.6 10.6 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 10.7 The Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writing.

Appears in 1 contract

Samples: Rabbi Trust Agreement (Alpha Natural Resources, Inc.)

Administration and Records. 11.1 9.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust hereunder, and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its intention inten tion to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 9.2 Within ninety (90) 60 days after the close of each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) 60 days after the removal or resignation of the Trustee or of the termination of the Trust, the Trustee shall file with the Employer Company (and provide a copy thereof to the Participants, upon a written account request) a written accounting setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Yearcalendar year and, or if applicable, during the period from the close of the preceding Plan Year current calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year calendar year or other periodperiod and the fair market value thereof. Upon To the extent permitted by applicable law, upon the expiration of ninety (90) 180 days from the date of filing such annual or other accountaccounting, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account accounting, except with respect to any such acts or transactions as to which the Employer Company shall within such ninety (90) 180 day period file with the Trustee written objections. 11.3 The Trustee shall upon the Employer’s reasonable request permit an independent public accountant selected by the Employer to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust. 11.4 As of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agree, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion of the Trustee, to determine the fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from the Trust Fund. 11.5 9.3 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer the Company of the right to have a judicial settlement of the Trustee’s 's accounts, and upon any proceeding for a judicial settlement of the Trustee's accounts or for instructions, the only necessary party thereto in addition to the Trustee shall be the Company. 11.6 9.4 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The 9.5 In addition to any returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to upon in writing.

Appears in 1 contract

Samples: Deferred Compensation Plan Master Trust Agreement (Philadelphia Suburban Corp)

Administration and Records. 11.1 10.1. The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust hereunder, and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its intention to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 10.2. Within ninety (90) 30 days after the close of each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) 30 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Yearcalendar year, or during the period from the close of the preceding Plan Year calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year calendar year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer shall within such ninety (90) day period file with the Trustee written objections. 11.3 10.3. The Trustee shall upon the Employer’s reasonable request from time to time permit an independent public accountant selected by the Employer Company (except one to whom the Trustee has reasonable objection) to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trustaccounts. 11.4 10.4. As of the last day of each valuation date set forth in the Plan calendar year and at such other times as is necessary or as the Trustee and Employer agreeCompany may reasonably request, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees Within 30 days after the close of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoingeach calendar year, the Trustee shall not be responsible for providing file with the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, Company the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion written report of the Trustee, to determine the determination of such fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from assets held in the Trust Fund. 11.5 10.5. Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer the Company of the right to have a judicial settlement of the Trustee’s accounts, and upon any proceeding for a judicial settlement of the Trustee’s accounts or for instructions the only necessary parties thereto in addition to the Trustee shall be the Company. 11.6 10.6. In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee Trustee all records which shall be required by the successor trustee Trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The 10.7. In addition to any returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writingagree.

Appears in 1 contract

Samples: Trust Agreement (Conocophillips)

Administration and Records. 11.1 The A. Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements disbursement and other transactions under hereunder and all necessary and appropriate records required to identify correctly and reflect accurately the Trust interest of each participant or beneficiary, and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerBank. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Bank in writing of its intention to do so and transferring to Employer the Bank any of such accounts, books and records requested. 11.2 B. Within ninety (90) days thirty says after the close of or each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) thirty days after the removal or resignation of the Trustee or the termination of the Trusttrust, the Trustee shall file with the Employer Bank a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Yearcalendar year, or during the period from the close of the preceding Plan Year calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year calendar year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer shall within such ninety (90) day period file with the Trustee written objections. 11.3 C. The Trustee shall upon the Employer’s reasonable request from time to time permit an independent public accountant selected by the Employer Bank, except one to whom the Trustee has reasonable objection, to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trustaccounts. 11.4 D. As of the last day of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agreecalendar year, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be basedWithin thirty days after the close of each calendar year, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing file with the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, Bank the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion written report of the Trustee, to determine the determination of such fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from assets held in the Trust Fund. 11.5 E. Nothing contained in this Trust Agreement trust agreement shall be construed as depriving the Trustee Trustee, the Bank or Employer any participant or beneficiary of the right to have a judicial settlement of the Trustee’s accounts, and upon any proceeding for a judicial settlement of the Trustee’s accounts or for instructions the only necessary parties thereto in addition to the Trustee shall be the Bank and the participants or their beneficiaries. 11.6 F. In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee Trustee all records which shall be required by the successor trustee Trustee to enable it to carry out the provisions of this Trust Agreementtrust agreement. 11.7 The G. In addition to any returns required of the Trustee by law, Trustee shall prepare and file such tax reports and other returns as the Employer Bank and the Trustee may from time to time agree to in writingagree.

Appears in 1 contract

Samples: Trust Agreement (Orrstown Financial Services Inc)

Administration and Records. 11.1 7.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust hereunder, and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerCompany or by any Participant. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company and Participants in writing of its intention to do so and transferring to Employer the Participants or the Company any of such accounts, books and records requested. 11.2 7.2 Within ninety (90) 60 days after the close of each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) 60 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Year, calendar hear or during the period from the close of the preceding Plan Year calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold sold, with the cost or net proceeds of such purchases proceeds or sales sales, and showing all cash, securities and other property held at the end of such Plan Year calendar year or other period. Each account so filed shall be open to inspection at the office of the Trustee during normal business hours by any Participant (and any person designated by a Participant) at a time mutually acceptable to the Trustee and the Participant (or such designee) for a period of 60 days immediately following the date on which the account is filed with the Company. Upon the expiration of ninety (90) 90 days from the date of filing such annual or other account, the Trustee shall shall, to the maximum extent permitted by applicable law law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer Company or any Participant shall within such ninety (90) 90 day period file rile with the Trustee written objections. 11.3 7.3 The Trustee shall upon the Employer’s at reasonable request intervals permit an independent public accountant selected by the Employer Company to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust's accounts. 11.4 As of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agree, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion of the Trustee, to determine the fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from the Trust Fund. 11.5 7.4 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer the Company of the right to have a judicial settlement of the Trustee’s 's accounts, and upon any proceeding for a judicial settlement of the Trustee's accounts or for instructions the only necessary party thereto in addition to the Trustee shall be the Company. 11.6 7.5 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee Trustee all existing records which shall be required by the successor trustee Trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The 7.6 In addition to any returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other ether returns as the Employer Company and the Trustee may from time to time agree to in writingagree.

Appears in 1 contract

Samples: Post Retirement Welfare Benefit Trust (American Banknote Corp)

Administration and Records. 11.1 10.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its intention to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 10.2 Within ninety (90) days after the close of each Plan Year (as such term is defined in the Plan), and within ninety (90) days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Year, or during the period from the close of the preceding Plan Year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer Company shall within such ninety (90) day period file with the Trustee written objections. 11.3 10.3 The Trustee shall upon the Employer’s Company's reasonable request permit an independent public accountant selected by the Employer Company to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s 's accounts for the Trust. 11.4 10.4 As of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer the Company agree, the fair market value of the assets held in the Trust Fund shall be he determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, the value of which shall be provided by the EmployerCompany. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion of the Trustee, to determine the fair market value of any security or other obligation issued by the EmployerCompany or any of its affiliates, the fees of which appraiser shall, unless paid by the EmployerCompany, be paid from the Trust Fund. 11.5 10.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer Company of the right to have a judicial settlement of the Trustee’s 's accounts. 11.6 10.6 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 10.7 The Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writing.

Appears in 1 contract

Samples: Rabbi Trust Agreement (Alpha Natural Resources, Inc.)

Administration and Records. 11.1 10.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements disbursements, and other transactions under the Trust hereunder, and all such accounts, books and records relating thereto shall be open to inspection inspections and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its his intention to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 10.2 Within ninety (90) days after the close of each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company a written account setting forth all investments, receipts, disbursements and other transactions effected affected by it during the preceding Plan Yearcalendar year, or during the period from the close of the preceding Plan Year calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year calendar year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its his acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer Company shall within such ninety (90) 90 day period file with the Trustee written objections. 11.3 10.3 The Trustee shall upon the Employer’s reasonable request from time to time permit an independent public accountant selected by the Employer Company (except one to whom the Trustee has reasonable objection) to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust's accounts. 11.4 10.4 As of the last day of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agreecalendar year, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees Within ninety (90) days after the close of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoingeach calendar year, the Trustee shall not be responsible for providing file with the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, Company the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion written report of the Trustee, to determine the determination of such fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from assets held in the Trust Fund. 11.5 10.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer the Company of the right to have a judicial settlement of the Trustee’s 's accounts, and upon any proceeding for a judicial settlement of the Trustee's accounts or for instructions the only necessary parties thereto in addition to the Trustee shall be the Company and the Trust Beneficiaries. 11.6 10.6 In the event of the removal or resignation of the Trustee, upon the payment of any unpaid fees and expenses and after adequate provision has been made for liabilities of the Trust, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The 10.7 In addition to any tax returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writingagree.

Appears in 1 contract

Samples: Supplemental Retirement Plan Trust (Acme Electric Corp)

Administration and Records. 11.1 9.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust hereunder, and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilmmicro-film, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its their intention to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 9.2 Within ninety (90) 30 days after the close of any monthly or quarterly period with respect to which the Company or the PFTIC may direct the Trustee to account, within 30 days after the close of each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) 30 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company and the PFTIC a written account setting forth all investments, receipts, disbursements and other transactions effected by it during such monthly or quarterly period as directed by the Company or the PFTIC, or during the preceding Plan Yearcalendar year, or during the period from the close of the preceding Plan Year calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year calendar year or other period. Upon the expiration of ninety (90) 90 days from the date completion of filing such Company's annual or other accountaudit, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer Company shall within such ninety (90) day period file with the Trustee written objections. 11.3 9.3 The Trustee shall upon the Employer’s reasonable request from time to time permit an independent public accountant selected by the Employer Company (except one to whom the Trustee has reasonable objection) to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust's accounts. 11.4 9.4 As of the last day of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agreecalendar year, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees Within 30 days after the close of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoingeach calendar year, the Trustee shall not be responsible for providing file with the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, Company and the value of which shall be provided by PFTIC the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion written report of the Trustee, to determine the determination of such fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from assets held in the Trust Fund. 11.5 9.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer the Company of the right to have a judicial settlement of the Trustee’s 's accounts, and upon any proceeding for a judicial settlement of the Trustee's accounts or for instructions the only necessary parties thereto in addition to the Trustee shall be the Company and the Members listed on the Payment Schedule then in effect. 11.6 9.6 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee copies of all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The 9.7 In addition to any returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writingagree.

Appears in 1 contract

Samples: Trust Agreement (Itt Industries Inc)

Administration and Records. 11.1 9.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust hereunder, and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer in writing of its intention to do so and transferring to Employer any of such accounts, books and records requested.the 11.2 9.2 Within ninety (90) 60 days after the close of each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) 60 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Year, calendar year or during the period from the close of the preceding Plan Year calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year calendar year or other period. Upon the expiration of ninety (90) 90 days from the date of filing such annual or other account, the Trustee shall shall, to the maximum extent permitted by applicable law law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer Company shall within such ninety (90) -day period file with the Trustee written objections. 11.3 9.3 The Trustee shall upon the Employer’s reasonable request from time to time permit an independent public accountant selected by the Employer Company (except one to whom the Trustee has reasonable objection) to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust's accounts. 11.4 9.4 As of the last day of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agreecalendar year, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing file with the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, Company the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion written report of the Trustee, to determine the determination of such fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from assets held in the Trust Fund. 11.5 9.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer the Company of the right to have a judicial settlement of the Trustee’s 's accounts, and upon any proceeding for a judicial settlement of the Trustee's accounts or for instructions the only necessary party thereto in addition to the Trustee shall be the Company. 11.6 9.6 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The 9.7 In addition to any returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writingagree.

Appears in 1 contract

Samples: Trust Agreement (National Fuel Gas Co)

Administration and Records. 11.1 10.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements disbursements, and other transactions under the Trust hereunder, and all such accounts, books and records relating thereto shall be open to inspection inspections and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its his intention to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 10.2 Within ninety (90) 90 days after the close of each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) 90 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company a written account setting forth all investments, receipts, disbursements and other transactions effected affected by it during the preceding Plan Yearcalendar year, or during the period from the close of the preceding Plan Year calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year calendar year or other period. Upon the expiration of ninety (90) 90 days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its his acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer Company shall within such ninety (90) 90 day period file with the Trustee written objections. 11.3 10.3 The Trustee shall upon the Employer’s reasonable request from time to time permit an independent public accountant selected by the Employer Company (except one to whom the Trustee has reasonable objection) to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trustaccounts. 11.4 10.4 As of the last day of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agreecalendar year, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees Within 90 days after the close of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoingeach calendar year, the Trustee shall not be responsible for providing file with the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, Company the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion written report of the Trustee, to determine the determination of such fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from assets held in the Trust Fund. 11.5 10.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer the Company of the right to have a judicial settlement of the Trustee’s accounts, and upon any proceeding for a judicial settlement of the Trustee’s accounts or for instructions the only necessary parties thereto in addition to the Trustee shall be the Company and the Trust Beneficiaries. 11.6 10.6 In the event of the removal or resignation of the Trustee, upon the payment of any unpaid fees and expenses and after adequate provision has been made for liabilities of the Trust, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The 10.7 In addition to any tax returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writingagree.

Appears in 1 contract

Samples: Trust Agreement (Moog Inc.)

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Administration and Records. 11.1 9.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust hereunder, and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilmmicrofile, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its intention to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 Within ninety (90) days after the close of each Plan Year (as such term is defined in the Plan), and within ninety (90) days after the removal or resignation of the Trustee or the termination of the Trust, the 9.2 The Trustee shall file with the Employer Company at least quarterly a written account setting forth all investments, receipts, disbursements statement showing transactions and other transactions effected by it during the preceding Plan Year, or during the period from the close market values of the preceding Plan Year Third Trust Fund in the normal form provided to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year or other periodTrustee's customers. Upon the expiration of ninety (90) 180 days from the date of filing any such annual or other accountstatement, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account statement, except with respect to any such acts or transactions as to which the Employer Company shall within such ninety (90) 190 day period file with the Trustee written objectionsobjections and except for matters which the Company would not reasonably have been expected to have discovered by a proper review of such statement. 11.3 9.3 The Trustee shall upon from time to time permit the Employer’s reasonable request permit an independent public accountant selected by the Employer Company's employees and agents to have reasonable access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust's accounts. 11.4 As of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agree, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion of the Trustee, to determine the fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from the Trust Fund. 11.5 9.4 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer the Company of the right to have a judicial settlement of the Trustee’s 's accounts, and upon any proceeding for a judicial settlement of the Trustee's accounts or for instructions, the only necessary party thereto in addition to the Trustee shall be the Company. 11.6 9.5 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 9.6 The Trustee will execute and file appropriate tax returns and reports relating to withholding taxes or other charges or taxes as directed by the Company or the Administrator referred to in Section 1.4. In addition to any returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writingagree.

Appears in 1 contract

Samples: Deferred Compensation Trust Agreement (First Maryland Bancorp)

Administration and Records. 11.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under hereunder and all necessary and appropriate records required to identify correctly and reflect accurately the Trust interest of each participant or beneficiary, and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its intention to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 Within ninety (90) 30 days after the close of each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) 30 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Yearcalendar year, or during the period from the close of the preceding Plan Year calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year calendar year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer shall within such ninety (90) day period file with the Trustee written objections. 11.3 The Trustee shall upon the Employer’s reasonable request from time to time permit an independent public accountant selected by the Employer Company (except one to whom the Trustee has reasonable objection) to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust's accounts. 11.4 As of the last day of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agreecalendar year, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees Within 30 days after the close of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoingeach calendar year, the Trustee shall not be responsible for providing file with the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, Company the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion written report of the Trustee, to determine the determination of such fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from assets held in the Trust Fund. 11.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee Trustee, the Company or Employer any participant or beneficiary of the right to have a judicial settlement of the Trustee’s 's accounts, and upon any proceeding for a judicial settlement of the Trustee's accounts or for instructions the only necessary parties thereto in addition to the Trustee shall be the Company and the participants or their beneficiaries. 11.6 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee Trustee all records which shall be required by the successor trustee Trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The In addition to any returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writingagree.

Appears in 1 contract

Samples: Trust Agreement (Minolta QMS Inc)

Administration and Records. 11.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerPlan Administrator. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Plan Administrator in writing of its intention to do so and transferring to Employer Plan Administrator any of such accounts, books and records requested. 11.2 Within ninety (90) days after the close of each Plan Year (as such term is defined in the Plan), and within ninety (90) days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Plan Administrator a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Year, or during the period from the close of the preceding Plan Year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer Plan Administrator shall within such ninety (90) day period file with the Trustee written objections. 11.3 The Trustee shall upon the EmployerPlan Administrator’s reasonable request permit an independent public accountant selected by the Employer Plan Administrator to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust. 11.4 As of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer Plan Administrator agree, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, the value of which shall be provided by the EmployerPlan Administrator. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion of the Trustee, to determine the fair market value of any security or other obligation issued by the an Employer, the fees of which appraiser shall, unless paid by the such Employer, be paid from the Trust Fund. 11.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or an Employer of the right to have a judicial settlement of the Trustee’s accounts. 11.6 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The Trustee shall prepare and file such tax reports and other returns as the each Employer and the each Trustee may from time to time agree to in writing.

Appears in 1 contract

Samples: Trust Agreement (SCP Pool Corp)

Administration and Records. 11.1 10.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements disbursements, and other transactions under the Trust hereunder, and all such accounts, books and records relating thereto shall be open to inspection inspections and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its his intention to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 10.2 Within ninety (90) 90 days after the close of each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) 90 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company a written account setting forth all investments, receipts, disbursements and other transactions effected affected by it during the preceding Plan Yearcalendar year, or during the period from the close of the preceding Plan Year calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year calendar year or other period. Upon the expiration of ninety (90) 90 days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its his acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer Company shall within such ninety (90) 90 day period file with the Trustee written objections.. Exhibit 10.1 11.3 10.3 The Trustee shall upon the Employer’s reasonable request from time to time permit an independent public accountant selected by the Employer Company (except one to whom the Trustee has reasonable objection) to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trustaccounts. 11.4 10.4 As of the last day of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agreecalendar year, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees Within 90 days after the close of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoingeach calendar year, the Trustee shall not be responsible for providing file with the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, Company the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion written report of the Trustee, to determine the determination of such fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from assets held in the Trust Fund. 11.5 10.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer the Company of the right to have a judicial settlement of the Trustee’s accounts, and upon any proceeding for a judicial settlement of the Trustee’s accounts or for instructions the only necessary parties thereto in addition to the Trustee shall be the Company and the Trust Beneficiaries. 11.6 10.6 In the event of the removal or resignation of the Trustee, upon the payment of any unpaid fees and expenses and after adequate provision has been made for liabilities of the Trust, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The 10.7 In addition to any tax returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writingagree.

Appears in 1 contract

Samples: Trust Agreement (Moog Inc. Supplemental Retirement Plan Trust)

Administration and Records. 11.1 10.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust hereunder, and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the EmployerCompany. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer Company in writing of its intention to do so and transferring to Employer the Company any of such accounts, books and records requested. 11.2 10.2 Within ninety (90) 30 days after the close of each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) 30 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Yearcalendar year, or during the period from the close of the preceding Plan Year calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year calendar year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer shall within such ninety (90) day period file with the Trustee written objections. 11.3 10.3 The Trustee shall upon the Employer’s reasonable request from time to time permit an independent public accountant selected by the Employer Company (except one to whom the Trustee has reasonable objection) to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust's accounts. 11.4 10.4 As of the last day of each valuation date set forth in the Plan calendar year and at such other times as is necessary or as the Trustee and Employer agreeCompany may reasonably request, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees Within 30 days after the close of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoingeach calendar year, the Trustee shall not be responsible for providing file with the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, Company the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion written report of the Trustee, to determine the determination of such fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from assets held in the Trust Fund. 11.5 10.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer the Company of the right to have a judicial settlement of the Trustee’s 's accounts, and upon any proceeding for a judicial settlement of the Trustee's accounts or for instructions the only necessary parties thereto in addition to the Trustee shall be the Company. 11.6 10.6 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee Trustee all records which shall be required by the successor trustee Trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The 10.7 In addition to any returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to in writingagree.

Appears in 1 contract

Samples: Trust Agreement (Conocophillips)

Administration and Records. 11.1 9.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under the Trust hereunder, and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the Employera Company. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but in any event at least 7 years. Thereafter, the Trustee may only destroy such accounts, books and records after unless AMP specifies otherwise in writing prior to the end of such period, but will make a good faith effort to first notifying the Employer notify AMP in writing of its intention to do so and transferring transfer to Employer AMP any of such accounts, books and records requested. 11.2 9.2 Within ninety (90) 60 days after the close of each Plan Year (as such term is defined in the Plan)calendar year, and within ninety (90) 60 days after the removal or resignation of the Trustee or of the termination of the TrustTrust Agreement, the Trustee shall file with AMP (and provide a copy thereof to the Employer Participants, upon a written account request) a written accounting setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Yearcalendar year and, or if applicable, during the period from the close of the preceding Plan Year current calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year calendar year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released period and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer shall within such ninety (90) day period file with the Trustee written objections. 11.3 The Trustee shall upon the Employer’s reasonable request permit an independent public accountant selected by the Employer to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust. 11.4 As of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agree, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoing, the Trustee shall not be responsible for providing the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion of the Trustee, to determine the fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from the Trust Fundthereof. 11.5 9.3 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer a Company of the right to have a judicial settlement of the Trustee’s 's accounts, and upon any proceeding for a judicial settlement of the Trustee's accounts or for instructions, the only necessary party thereto in addition to the Trustee shall be AMP. 11.6 9.4 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The 9.5 In addition to any returns required of the Trustee by law, such as income tax reporting, the Trustee shall prepare and file such tax reports and other returns as the Employer Company and the Trustee may from time to time agree to upon in writing.

Appears in 1 contract

Samples: Supplemental Benefit Trust Agreement (Amp Inc)

Administration and Records. 11.1 12.1 The Trustee shall keep or cause to be kept accurate and detailed accounts of any investments, receipts, disbursements and other transactions under hereunder and all necessary and appropriate records required to identify correctly and reflect accurately the respective interests of each Trust Beneficiary, and all accounts, books and records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the Employer. All such accounts, books and records shall be preserved (in original form, or on microfilm, magnetic tape or any other similar process) for such period as the Trustee may determine, but the Trustee may only destroy such accounts, books and records after first notifying the Employer in writing of its intention to do so and transferring to Employer any of such accounts, books and records requested. 11.2 12.2 Within ninety (90) days after the close of each Plan Year (as such term is defined in the Plan), and within ninety (90) days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Employer a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Plan Year, or during the period from the close of the preceding Plan Year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold with the cost or net proceeds of such purchases or sales and showing all cash, securities and other property held at the end of such Plan Year or other period. Upon the expiration of ninety (90) days from the date of filing such annual or other account, the Trustee shall to the maximum extent permitted by applicable law be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account except with respect to any such acts or transactions as to which the Employer shall within such ninety (90) day period file with the Trustee written objections. 11.3 12.3 The Trustee shall upon the Employer’s reasonable request from time to time permit an independent public accountant selected by the Employer to have access during ordinary business hours to such records as may be necessary to audit the Trustee’s accounts for the Trust's accounts. 11.4 12.4 As of the last day of each valuation date set forth in the Plan and at such other times as is necessary or as the Trustee and Employer agreecalendar quarter, the fair market value of the assets held in the Trust Fund shall be determined. The valuation shall be based, without independent investigation, upon valuations provided by investment managers, trustees Within ten (10) business days after the close of common trust funds, sponsors of mutual funds and records of securities exchanges. Notwithstanding the foregoingeach calendar quarter, the Trustee shall not be responsible for providing file with the value of any bank investment contracts, structured or synthetic investment contracts or insurance contracts, or for any asset which is not liquid or not publicly traded, Employer the value of which shall be provided by the Employer. The Trustee may obtain the opinions of qualified appraisers, as necessary in the discretion written report of the Trustee, to determine the determination of such fair market value of any security or other obligation issued by the Employer, the fees of which appraiser shall, unless paid by the Employer, be paid from assets held in the Trust Fund. 11.5 12.5 Nothing contained in this Trust Agreement shall be construed as depriving the Trustee or Employer of the right to have a judicial settlement of the Trustee’s 's accounts, and upon any proceeding for a judicial settlement of the Trustee's accounts or for instructions, the only necessary parties thereto in addition to the Trustee shall be Employer and the Trust Beneficiaries. 11.6 12.6 In the event of the removal or resignation of the Trustee, the Trustee shall deliver to the successor trustee all records which shall be required by the successor trustee to enable it to carry out the provisions of this Trust Agreement. 11.7 The 12.7 In addition to any returns required of the Trustee by law, the Trustee shall prepare and file such tax reports and other returns as the Employer and the Trustee may from time to time agree to in writing.

Appears in 1 contract

Samples: Trust Agreement (Data General Corp)

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