Common use of APPOINTMENT OF ANCILLARY TRUSTEE OR INDEPENDENT FIDUCIARY Clause in Contracts

APPOINTMENT OF ANCILLARY TRUSTEE OR INDEPENDENT FIDUCIARY. The Employer, in writing, may appoint any qualified person in any state to act as ancillary trustee with respect to a designated portion of the Trust Fund, subject to any consent required under Section 1.33. An ancillary trustee must acknowledge in writing its acceptance of the terms and conditions of its appointment as ancillary trustee and its fiduciary status under ERISA. The ancillary trustee has the rights, powers, duties and discretion as the Employer may delegate, subject to any limitations or directions specified in the agreement appointing the ancillary trustee and to the terms of the Plan or of ERISA. The investment powers delegated to the ancillary trustee may include any investment powers available under Section 10.03. The delegated investment powers may include the right to invest any portion of the assets of the Trust Fund in a common trust fund, as described in Code §584, or in any collective investment fund, the provisions of which govern the investment of such assets and which the Plan incorporates by this reference, but only if the ancillary trustee is a bank or similar financial institution supervised by the United States or by a state and the ancillary trustee (or its affiliate, as defined in Code §1504) maintains the common trust fund or collective investment fund exclusively for the collective Table of Contents investment of money contributed by the ancillary trustee (or its affiliate) in a trustee capacity and which conforms to the rules of the Comptroller of the Currency. The Employer also may appoint as an ancillary trustee, the trustee of any group trust fund designated for investment pursuant to the provisions of Section 10.17. The ancillary trustee may resign its position and the Employer may remove an ancillary trustee as provided in Section 10.13 regarding resignation and removal of the Trustee or Custodian. In the event of such resignation or removal, the Employer may appoint another ancillary trustee or may return the assets to the control and management of the Trustee. The Employer may delegate its responsibilities under this Section 10.18 to a discretionary Trustee under the Plan, but not to a nondiscretionary Trustee or to a Custodian, subject to the acceptance by the discretionary Trustee of that delegation. If the DOL requires engagement of an independent fiduciary to have control or management of all or a portion of the Trust Fund, the Employer will appoint such independent fiduciary, as directed by the DOL. The independent fiduciary will have the duties, responsibilities and powers prescribed by the DOL and will exercise those duties, responsibilities and powers in accordance with the terms, restrictions and conditions established by the DOL and, to the extent not inconsistent with ERISA, the terms of the Plan. The independent fiduciary must accept its appointment in writing and must acknowledge its status as a fiduciary of the Plan. Table of Contents

APPOINTMENT OF ANCILLARY TRUSTEE OR INDEPENDENT FIDUCIARY. The Employer, in writing, may appoint any qualified person in any state State to act as ancillary trustee with respect to a designated portion of the Trust Fund, subject to any the consent required under Section 1.331.02 if the Master Plan Sponsor is a financial institution. An ancillary trustee must acknowledge in writing its acceptance of the terms and conditions of its appointment as ancillary trustee and its fiduciary status under ERISA. The ancillary trustee has the rights, powers, duties and discretion as the Employer may delegate, subject to any limitations or directions specified in the agreement appointing instrument evidencing appointment of the ancillary trustee and to the terms of the Plan or of ERISA. The investment powers delegated to the ancillary trustee may include any investment powers available under Section 10.03. The delegated investment powers may include 10.03 of the Plan including the right to invest any portion of the assets of the Trust Fund in a common trust fund, as described in Code §Section 584, or in any collective investment fund, the provisions of which govern the investment of such assets and which the Plan incorporates by this reference, but only if the ancillary trustee is a bank or similar financial institution supervised by the United States or by a state State and the ancillary trustee (or its affiliate, as defined in Code §Section 1504) maintains the common trust fund or collective investment fund exclusively for the collective Table of Contents investment of money contributed by the ancillary trustee (or its affiliate) in a trustee capacity and which conforms to the rules of the Comptroller of the Currency. The Employer also may appoint as an ancillary trustee, the trustee of any group trust fund designated for investment pursuant to the provisions of Section 10.1710.16 of the Plan. The ancillary trustee may resign its position and at any time by providing at least 30 days' advance written notice to the Employer, unless the Employer waives this notice requirement. The Employer, in writing, may remove an ancillary trustee as provided in Section 10.13 regarding resignation and removal of the Trustee or Custodianat any time. In the event of such resignation or removal, the Employer may appoint another ancillary trustee or may trustee, return the assets to the control and management of the TrusteeTrustee or receive such assets in the capacity of ancillary trustee. The Employer may delegate its responsibilities under this Section 10.18 10.17 to a discretionary Trustee under the Plan, but not to a nondiscretionary Trustee or to a Custodian, subject to the acceptance by the discretionary Trustee of that delegation. If the DOL U.S. Department of Labor (the "Department") requires engagement of an independent fiduciary to have control or management of all or a portion of the Trust Fund, the Employer will appoint such independent fiduciary, as directed by the DOLDepartment. The independent fiduciary will have the duties, responsibilities and powers prescribed by the DOL Department and will exercise those duties, responsibilities and powers in accordance with the terms, restrictions and conditions established by the DOL Department and, to the extent not inconsistent with ERISA, the terms of the Plan. The independent fiduciary must accept its appointment in writing and must acknowledge its status as a fiduciary of the Plan. Table of Contents* * * * * * * * * * * * * * *

APPOINTMENT OF ANCILLARY TRUSTEE OR INDEPENDENT FIDUCIARY. The Employer, in writing, may appoint any qualified person in any state State to act as ancillary trustee tie in with respect to a designated portion of the Trust Fund, subject to any the consent required under Section 1.331.02 if the Master Plan Sponsor is a financial institution. An ancillary trustee must acknowledge in writing its acceptance of the terms and conditions of its appointment as ancillary trustee and its fiduciary status under ERISA. The ancillary trustee has the rights, powers, duties and discretion as the Employer may delegate, subject to any limitations or directions specified in the agreement appointing instrument evidencing appointment of the ancillary trustee and to the terms of the Plan or of ERISA. The investment powers delegated to the ancillary trustee may include any investment powers available under Section 10.03. The delegated investment powers may include 10.03 of the Plan including the right to invest any portion of the assets of the Trust Fund in a common trust fund, as described in Code §584ss.584, or in any collective investment fund, the provisions of which govern the investment of such assets and which the Plan incorporates by this reference, but only if the ancillary trustee is a bank or similar financial institution supervised by the United States or by a state State and the ancillary trustee (or its affiliate, as defined in Code §1504ss.1504) maintains the common trust fund or collective investment fund exclusively for the collective Table of Contents investment of money contributed by the ancillary trustee (or its affiliate) in a trustee trust capacity and which conforms to the rules of the Comptroller of the Currency. The Employer also may appoint as an ancillary trusteetee, the trustee of any group trust fund designated for investment pursuant to the provisions of Section 10.1710.16 of the Plan. The ancillary trustee may resign its position and at any time by providing at least 30 days' advance written notice to the Employer, unless the Employer waives this notice requirement. The Employer, in writing, may remove an ancillary trustee as provided in Section 10.13 regarding resignation and removal of the Trustee or Custodianat any time. In the event of such resignation or removal, the Employer may appoint another ancillary trustee or may trustee, return the assets to the control and management of the TrusteeTrustee or receive such assets in the capacity of ancillary trustee. The Employer may delegate its responsibilities under this Section 10.18 10.17 to a discretionary Trustee under the Plan, but not to a nondiscretionary Trustee or to a Custodian, subject to the acceptance by the discretionary Trustee of that delegation. If the DOL U.S. Department of Labor ("the Department") requires engagement of an independent fiduciary to have control or management of all or a portion of the Trust Fund, the Employer will appoint such independent fiduciary, as directed by the DOLDepartment. The independent fiduciary will have the duties, responsibilities and powers prescribed by the DOL Department and will exercise those duties, responsibilities and powers in accordance with the terms, restrictions and conditions established by the DOL Department and, to the extent not inconsistent with ERISA, the terms of the Plan. The independent fiduciary must accept its appointment in writing and must acknowledge its status as a fiduciary of the Plan. Table of Contents* * * * * * * * * * * * * * *

APPOINTMENT OF ANCILLARY TRUSTEE OR INDEPENDENT FIDUCIARY. The Employer, in writing, may appoint any qualified person in any state State to act as ancillary trustee with respect to a designated portion of the Trust Fund, subject to any the consent required under Section 1.331.02 if the Master Plan Sponsor is a financial institution. An ancillary trustee must acknowledge in writing its acceptance of the terms and conditions of its appointment as ancillary trustee and its fiduciary status under ERISA. The ancillary trustee has the rights, powers, duties and discretion as the Employer may delegate, subject to any limitations Limitations or directions specified in the agreement appointing instrument evidencing appointment of the ancillary trustee and to the terms of the Plan or of ERISA. The investment powers delegated to the ancillary trustee may include any investment powers available under Section 10.03. The delegated investment powers may include 10.03 of the Plan including the right to invest any portion of the assets of the Trust Fund in a common trust fund, as described in Code §Section 584, or in any collective investment fund, the provisions of which govern the investment of such assets and which the Plan incorporates by this reference, but only if the ancillary trustee is a bank or similar financial institution supervised by the United States or by a state State and the ancillary trustee (or its affiliate, as defined in Code §Section 1504) maintains the common trust fund or collective investment fund exclusively for the collective Table of Contents investment of money contributed by the ancillary trustee (or its affiliate) in a trustee capacity and which conforms to the rules of the Comptroller of the Currency. The Employer also may appoint as an ancillary trustee, the trustee of any group trust fund designated for investment pursuant to the provisions of Section 10.1710.16 of the Plan. The ancillary trustee may resign its position and at any time by providing at least 30 days' advance written notice to the Employer, unless the Employer waives this notice requirement. The Employer, in writing, may remove an ancillary trustee as provided in Section 10.13 regarding resignation and removal of the Trustee or Custodianat any time. In the event of such resignation or removal, the Employer may appoint another ancillary trustee or may trustee, return the assets to the control and management of the TrusteeTrustee or receive such assets in the capacity of ancillary trustee. The Employer may delegate its responsibilities under this Section 10.18 10.17 to a discretionary Trustee under the Plan, but not to a nondiscretionary Trustee or to a Custodian, subject to the acceptance by the discretionary Trustee of that delegation. If the DOL U.S. Department of Labor ("the Department") requires engagement of an independent fiduciary to have control or management of all or a portion of the Trust Fund, the Employer will appoint such independent fiduciary, as directed by the DOLDepartment. The independent fiduciary will have the duties, responsibilities and powers prescribed by the DOL Department and will exercise those duties, responsibilities and powers in accordance with the terms, restrictions and conditions established by the DOL Department and, to the extent not inconsistent with ERISA, the terms of the Plan. The independent fiduciary must accept its appointment in writing and must acknowledge its status as a fiduciary of the Plan. Table of Contents* * *

APPOINTMENT OF ANCILLARY TRUSTEE OR INDEPENDENT FIDUCIARY. The Employer, in writing, may appoint any qualified person in any state State to act as ancillary trustee with respect to a designated portion of the Trust Fund, subject to any the consent required under Section 1.331.02 if the Master Plan Sponsor is a financial institution. An ancillary trustee must acknowledge in writing its acceptance of the terms and conditions of its appointment as ancillary trustee and its fiduciary status under ERISA. The ancillary trustee has the rights, powers, duties and discretion as the Employer may delegate, subject to any limitations or directions specified in the agreement appointing instrument evidencing appointment of the ancillary trustee and to the terms of the Plan or of ERISA. The investment powers delegated to the ancillary trustee may include any investment powers available under Section 10.03. The delegated investment powers may include 10.03 of the Plan including the right to invest any portion of the assets of the Trust Fund in a common trust fund, as described in Code §Section 584, or in any collective investment fund, the provisions of which govern the investment of such assets and which the Plan incorporates by this reference, but only if the ancillary trustee is a bank or similar financial institution supervised by the United States or by a state State and the ancillary trustee (or its affiliate, as defined in Code §Section 1504) maintains the common trust fund or collective investment fund exclusively for the collective Table of Contents investment of money contributed by the ancillary trustee (or its affiliate) in a trustee capacity and which conforms to the rules of the Comptroller of the Currency. The Employer also may appoint as an ancillary trustee, the trustee of any group trust fund designated for investment pursuant to the provisions of Section 10.1710.16 of the Plan. The ancillary trustee may resign its position and at any time by providing at least 30 days' advance written notice to the Employer, unless the Employer waives this notice requirement. The Employer, in writing, may remove an ancillary trustee as provided in Section 10.13 regarding resignation and removal of the Trustee or Custodianat any time. In the event of such resignation or removal, the Employer may appoint another ancillary trustee or may trustee, return the assets to the control and management of the TrusteeTrustee or receive such assets in the capacity of ancillary trustee. The Employer may delegate its responsibilities under this Section 10.18 10.17 to a discretionary Trustee under the Plan, but not to a nondiscretionary Trustee or to a Custodian, subject to the acceptance by the discretionary Trustee of that delegation. 57 If the DOL U.S. Department of Labor ("the Department") requires engagement of an independent fiduciary to have control or management of all or a portion of the Trust Fund, the Employer will appoint such independent fiduciary, as directed by the DOLDepartment. The independent fiduciary will have the duties, responsibilities and powers prescribed by the DOL Department and will exercise those duties, responsibilities and powers in accordance with the terms, restrictions and conditions established by the DOL Department and, to the extent not inconsistent with ERISA, the terms of the Plan. The independent fiduciary must accept its appointment in writing and must acknowledge its status as a fiduciary of the Plan. Table of Contents* * * * * * * * * * * * * * *