Common use of Appointment of Trustees on Expiration of Term Clause in Contracts

Appointment of Trustees on Expiration of Term. (a) No later than six months prior to the expiry date of a Trustee’s term, the Chair shall give written notice to the party who appointed the Trustee, and that party shall renew the appointment of the Trustee or appoint a successor Trustee. (b) If the party does not renew the appointment of the incumbent Trustee or appoint a successor Trustee within three months after the expiry of the term, and: (i) the Trustee being replaced was a Member Trustee, the Plan Member Partner shall appoint a successor to fill the vacant position; or (ii) the Trustee being replaced was an Employer Trustee, the Plan Employer Partner shall appoint a successor to fill the vacant position. (c) The successor, when appointed, shall have the same power, authority and right to hold office as if that person had been appointed by the party who failed to appoint the successor Trustee, except that the successor shall not be removed during that term by that party unless the removal is first agreed to by the Partner who appointed the successor Trustee.

Appointment of Trustees on Expiration of Term. ‌ (a) No later than six months prior to the expiry date of a Trustee’s term, the Chair shall give written notice to the party who appointed the Trustee, and that party shall renew the appointment of the Trustee or appoint a successor Trustee. (b) If the party does not renew the appointment of the incumbent Trustee or appoint a successor Trustee within three months after the expiry of the term, and: (i) the Trustee being replaced was a Member Trustee, the Plan Member Partner shall appoint a successor to fill the vacant position; or (ii) the Trustee being replaced was an Employer Trustee, the Plan Employer Partner shall appoint a successor to fill the vacant position. (c) The successor, when appointed, shall have the same power, authority and right to hold office as if that person had been appointed by the party who failed to appoint the successor Trustee, except that the successor shall not be removed during that term by that party unless the removal is first agreed to by the Partner who appointed the successor Trustee.

Appointment of Trustees on Expiration of Term. (a) No later than six months prior to the expiry date of a Trustee’s term, the Chair shall give written notice to the party who appointed the Trustee, and that party shall renew the appointment of the Trustee or appoint a successor Trustee. (b) . If the party does not renew the appointment of the incumbent Trustee or appoint a successor Trustee within three four months after the expiry of the incumbent Trustee’s term, and: (i) the Trustee being replaced was Trustees then in office shall meet, a Member Trusteemajority of the Trustees in office on the date the meeting is held constituting a quorum, despite anything in this Joint Trust Agreement to the Plan Member Partner shall appoint contrary, and appoint, by resolution passed by a majority of the Trustees present at that meeting, a successor to fill the vacant position; or (ii) the Trustee being replaced was an Employer Trustee, the Plan Employer Partner shall appoint a successor to fill the vacant position. (c) . The successor, when appointed, shall have the same power, authority and right to hold office as if that person had been appointed by the party who failed to appoint the successor Trustee, except that Trustee (the “appointing party”). The appointing party may subsequently rescind the appointment of the successor shall not be removed during that term by that party unless the removal is first agreed Trustee pursuant to by the Partner who appointed the successor TrusteeSection 4.5 and, if it does so, must concurrently appoint a replacement Trustee pursuant to Section 4.7.