Common use of Books, Records and Accounts Clause in Contracts

Books, Records and Accounts. The Trustee shall keep accurate and detailed accounts of all investments, receipts and disbursements and other transactions hereunder (including those transactions related to accounts under the management of a designated Investment Manager) and all such accounts, books and records relating thereto shall be open at all reasonable times to inspection and audit by any person designated by the Representative within a reasonable time period following the close of each fiscal year of the Trust Fund, and within 120 days, or such other agreed upon time, following the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Representative a certified written report setting forth all investments, receipts and disbursements, and other transactions effected during the fiscal year, or other period from the close of the preceding report to the date of such removal, resignation or termination, including a description of all securities and investments then held in the Trust Fund, and such other information customarily provided by the Trustee. Upon the expiration of 180 days following the close of a fiscal year of the Trust Fund for which an annual accounting is filed, or 90 days from the date of filing of any interim accounting, the Trustee shall, to the extent permitted by law, be forever released and discharged from any liability or accountability to anyone for clerical errors apparent on the face of such accounting. No Participant or beneficiary under the Plans, shall have the right to demand or be entitled to any accounting by the Trustee, other than those to which they may be entitled under the law. Notwithstanding any other provision hereof or of the Plans, the Trustee shall not be subject to any liability for any act or omission, regardless of its nature, after three years following the date on which a plaintiff had actual knowledge of such act or omission; provided, however, that in the case of fraud or concealment the Trustee may be held liable at any time within six years after the date of discovery of such error or omission. The Trustee shall determine the fair market value of the Trust Fund in its customary manner at such times as may be required by the Representative, or in order to carry out the provisions of the Plans. All records and accounts maintained by the Trustee with respect to the Trust Fund shall be preserved for such period as may be required under any applicable law. Upon the expiration of any such retention period, the Trustee shall have the right to destroy such records and accounts after first notifying the Company or the Representative in writing of its intention, and transferring to the Company or to the Representative any such books, records, and accounts as requested. The Trustee shall have the right to preserve all books, records, or accounts in original form, or on microfilm, magnetic tape, or any other similar process.

Books, Records and Accounts. (a) The Trustee shall keep maintain proper and accurate books, records and detailed accounts of all investmentstransactions affected or controlled by the Trustee hereunder including the receipt, receipts investment, reinvestment and disbursements disbursement of monies from the Fund, and other transactions hereunder shall provide to the Company: (including those transactions related to accounts under i) on or before the management fifteenth (15th) Business Day following the last day of each month, a designated Investment Manager) statement of account setting forth the account balance and all such accounts, books contributions paid to the Trustee and records relating thereto shall be open at all reasonable times to inspection and audit by any person designated relevant information concerning the funds held by the Representative within a reasonable time period Trustee including information detailing all investments made, reinvestment undertaken, investment income earned, and disbursement of funds, during the immediately preceding month; (ii) on or before the fifteenth (15th) Business Day following the close end of each fiscal year of the Trust Fund, and within 120 days, or such other period as may be agreed upon timebetween the Trustee and the Company, following a statement of account setting forth the account balance and all contributions paid to the Trustee and all relevant information concerning the funds held by the Trustee including information detailing all investments made, reinvestment undertaken, investment income earned, and disbursement of funds, during such fiscal period or such other period so agreed upon; (iii) on or before the fifteenth (15th) Business Day after the removal or resignation of the Trustee or the termination of the Trust, a statement of account setting forth the account balance and all contributions paid to the Trustee shall file with and all relevant information concerning the Representative a certified written report setting forth funds held by the Trustee including information detailing all investmentsinvestments made, receipts and disbursementsreinvestment undertaken, investment income earned, and other transactions effected disbursement of funds, during the fiscal year, or other period from commencing on the close end of the preceding report period referred to in (ii) and ending on the date of such removalremoval or resignation of the Trustee or termination of the Trust; and (iv) any other report or information reasonably requested by the Tribunal, resignation a Beneficiary, or terminationthe Company, or required by Applicable Law, including a description of all securities accounting and investments then held in the Trust Fund, financial reports and such other information customarily provided by the Trustee. Upon the expiration of 180 days following the close of a fiscal year of the Trust Fund for which an annual accounting is filed, or 90 days from the date of filing of any interim accounting, the internal control report. (b) The Trustee shall, on reasonable prior notice and during normal business hours, make available to and permit the extent permitted by lawofficers, employees and authorized agents of the Tribunal, the Company and the auditors of the Company to inspect, at an office of the Trustee located in the province of Alberta, all books, records and accounts, required to be forever released and discharged from any liability or accountability to anyone for clerical errors apparent on the face of such accounting. No Participant or beneficiary under the Plans, shall have the right to demand or be entitled to any accounting maintained by the Trustee, other than those to in connection with this Agreement or as required by Applicable Law. (c) At the end of each calendar year during which they may be entitled under the law. Notwithstanding any other provision hereof or of Trustee has held the PlansFund, the Trustee shall not cause to be subject to any liability for any act or omission, regardless of its nature, after three years following the date on which a plaintiff had actual knowledge of such act or omission; provided, however, that in the case of fraud or concealment the Trustee may be held liable at any time within six years after the date of discovery of such error or omission. The Trustee shall determine the fair market value of the Trust Fund in its customary manner at such times as may be required by the Representative, or in order to carry out the provisions of the Plans. All records and accounts maintained by the Trustee with respect to the Trust Fund shall be preserved for such period as may be required under any applicable law. Upon the expiration of any such retention period, the Trustee shall have the right to destroy such records and accounts after first notifying the Company or the Representative in writing of its intention, and transferring issued to the Company a form T-5, or other form as appropriate pursuant to the Representative Tax Act, in respect of any such booksinterest, recordsdividend, and accounts as requested. The Trustee shall have capital gains or other earnings or losses on the right to preserve all books, records, or accounts in original form, or on microfilm, magnetic tape, or any other similar processFund.

Books, Records and Accounts. (a) The Trustee shall keep maintain proper and accurate books, records and detailed accounts of all investmentstransactions affected or controlled by the Trustee hereunder including, receipts without limitation, the receipt, investment, reinvestment and disbursements disbursement of monies from the Fund, and other transactions hereunder shall provide to the Company: (including those transactions related i) on or before the fifteenth (15th) Business Day following the last day of each month, a statement of account setting forth all contributions paid to accounts under the management of a designated Investment Manager) Trustee and all such accounts, books and records relating thereto shall be open at all reasonable times to inspection and audit by any person designated relevant information concerning the funds held by the Representative Trustee including, without limitation, information detailing all investments made, reinvestment undertaken, investment income earned, and disbursement of funds, during the immediately preceding month; (ii) within a reasonable time period sixty (60) days following the close of each fiscal year of the Trust Fundor such other period as may be agreed upon between the Trustee and the Company, and within 120 days, or such other agreed upon time, following sixty (60) days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Representative a certified written report statement of account setting forth all investments, receipts and disbursementsreceipts, disbursements and other transactions effected by it during such period (including a statement of all items of income, gain, loss, deduction and credit of the Fund for such fiscal year); and (iii) any other report or information reasonably requested by the Tribunal, a Beneficiary, the Company, or other period from required by law, including without limitation, accounting and financial reports and an internal control report. (b) The Trustee shall, on reasonable prior notice and during normal business hours, make available to and permit the close officers, employees and authorized agents of the preceding report Tribunal or the Company and/or the auditors of the Company to inspect all books, records and accounts, at an office of the date of such removal, resignation or termination, including a description of all securities and investments then held Trustee located in the Trust Fundprovince of Alberta, required to be maintained by the Trustee, in connection with this trust agreement or as required by law. (c) The Trustee shall prepare and file or issue, on a timely basis, all income tax returns, elections and other forms which, by virtue of the Tax Act and any provincial legislation or regulation, must be filed or issued in respect of a QET, and such other information customarily provided by returns or forms as may be agreed upon between the Company and the Trustee. Upon the expiration of 180 days following the close of a fiscal year of the Trust Fund for which an annual accounting is filed, or 90 days from the date of filing of any interim accountingIn doing so, the Trustee shallmay, subject to the extent permitted by lawStandard of Care, be forever released and discharged from make or join in making any liability election or accountability to anyone for clerical errors apparent on the face of such accounting. No Participant or beneficiary under the Plans, shall have the right to demand or be entitled to any accounting by the Trustee, other than those to designation which they may be entitled under the law. Notwithstanding any other provision hereof or of the Plans, the Trustee shall not be subject to any liability for any act or omission, regardless of its nature, after three years following the date on which a plaintiff had actual knowledge of such act or omission; provided, however, that in the case of fraud or concealment the Trustee may be held liable at any time within six years after the date of discovery of such error or omission. The Trustee shall determine the fair market value of the Trust Fund in its customary manner at such times as may be required by the Representative, or in order to carry out the provisions of the Plans. All records and accounts maintained by the Trustee with respect to the Trust Fund shall be preserved for such period as may be required under any applicable law. Upon the expiration of any such retention period, the Trustee shall have the right to destroy such records and accounts after first notifying the Company or the Representative in writing of its intention, and transferring to the Company or to the Representative any such books, records, and accounts as requested. The Trustee shall have the right to preserve all books, records, or accounts in original form, or on microfilm, magnetic tape, or any other similar processabsolute discretion deems advisable.

Books, Records and Accounts. The Trustee (a) Mortgagor shall keep and maintain or shall cause to be kept and maintained on a calendar year basis, in accordance with generally accepted accounting principles, consistently applied, proper and accurate books, records and detailed accounts reflecting all of the financial affairs of Mortgagor with respect to all investmentsitems of income and expense in connection with the operation of the Property, receipts whether such income or expense be realized by Mortgagor or by any other person whatsoever (excepting lessees unrelated to and disbursements unaffiliated with Mortgagor who have leased from Mortgagor portions of the Property for the purpose of occupying same). Mortgagee or its representatives or designees shall have the right from time to time at all times during normal business hours to examine, with respect to the Property, such books, records and accounts at the office of Mortgagor or other transactions hereunder person maintaining such books, records and accounts and to make copies or extracts thereof as Mortgagee shall desire. Mortgagee and the Rating Agencies shall also have the right to discuss Mortgagor's affairs, finances and accounts with representatives of Mortgagor, at such reasonable times as may be requested by Mortgagee. Mortgagor shall deliver (1) to Mortgagee (with a copy to the Rating Agencies) within one hundred twenty (120) calendar year, audited financial statements prepared by an days after the close of independent certified public accountant (or firm of independent certified public accountants) reasonably acceptable to Mortgagee, prepared in accordance with generally accepted accounting principles, consistently applied, containing a balance sheet, profit and loss statements and income and expense statements (including those transactions related to accounts under capital expenditures) with such detailed supporting schedules covering the management operation of a designated Investment Manager) the Property as Mortgagee shall require and all such accounts, books and records relating thereto shall be open at all reasonable times to inspection and audit by any person designated certified by the Representative managers, if the Mortgagor is a limited liability company, by the chief financial officer of Mortgagor, if Mortgagor is a corporation, by a general partner of Mortgagor, if Mortgagor is a partnership, or by Mortgagor, if Mortgagor is an individual and (ii) to Mortgagee (but not to the Rating Agencies) (a) an audited financial statement of JMB (as hereinafter defined) within a reasonable time period following one hundred eighty (180) days after the close of each fiscal year of the Trust Fundcalendar year, and (b) an unaudited internally certified financial statement of OPCC (as hereinafter defined) within 120 days, or such other agreed upon time, following the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Representative a certified written report setting forth all investments, receipts and disbursements, and other transactions effected during the fiscal year, or other period from one hundred twenty (120) days after the close of each calendar year, which statements shall be prepared by an independent certified public accountant (or firm of independent certified public accountants) reasonably acceptable to Mortgagee prepared in accordance with generally accepted accounting principles, consistently applied, certified as true and correct by the preceding report chief financial officer of the Guarantors. In addition, Mortgagor shall deliver to Mortgagee (With a copy to the date of such removal, resignation or termination, including a description of all securities and investments then held in the Trust Fund, and such other information customarily provided by the Trustee. Upon the expiration of 180 Rating Agencies) within forty-five (45) days following after the close of a fiscal year each calendar quarter, unaudited financial statements, internally prepared in accordance with generally accepted accounting principles, consistently applied and certified by the managing member, managing general partner or chief financial officer, as applicable, of Mortgagee, containing the Trust Fund same information and schedules as required in clause (i) above but only for which an annual accounting is filed, or 90 days from the date of filing of any interim accounting, the Trustee shall, to such preceding calendar quarter. To the extent permitted requested by lawMortgagee, Mortgagor shall also furnish a current rent roll identifying all tenants at the Real Property and the principal business terms of their respective Leases. (b) Mortgagor will, reasonably promptly after written request by Mortgagee or any Rating Agency, furnish or cause to be forever released furnished to Mortgagee, in such manner and discharged from any liability or accountability to anyone for clerical errors apparent on the face of such accounting. No Participant or beneficiary under the Plans, shall have the right to demand or be entitled to any accounting by the Trustee, other than those to which they may be entitled under the law. Notwithstanding any other provision hereof or of the Plans, the Trustee shall not be subject to any liability for any act or omission, regardless of its nature, after three years following the date on which a plaintiff had actual knowledge of such act or omission; provided, however, that in the case of fraud or concealment the Trustee may be held liable at any time within six years after the date of discovery of such error or omission. The Trustee shall determine the fair market value of the Trust Fund in its customary manner at such times detail as may be required reasonably requested by the RepresentativeMortgagee, or in order to carry out the provisions of the Plans. All records and accounts maintained such reasonable additional information as may be reasonably requested by the Trustee Mortgagee with respect to the Trust Fund shall be preserved for such period as may be required under any applicable law. Upon the expiration of any such retention period, the Trustee shall have the right to destroy such records and accounts after first notifying the Company or the Representative in writing of its intention, and transferring to the Company or to the Representative any such books, records, and accounts as requested. The Trustee shall have the right to preserve all books, records, or accounts in original form, or on microfilm, magnetic tape, or any other similar processProperty.

Books, Records and Accounts. a) The Trustee shall keep maintain proper and accurate books, records and detailed accounts of all investmentstransactions affected or controlled by the Trustee hereunder including, receipts without limitation, the receipt, investment, reinvestment and disbursements disbursement of monies from the Fund, and other transactions hereunder shall provide to the Company: (including those transactions related i) on or before the fifteenth (15th) Business Day following the last day of each month, a statement of account setting forth all contributions paid to accounts under the management of a designated Investment Manager) Trustee and all such accounts, books and records relating thereto shall be open at all reasonable times to inspection and audit by any person designated relevant information concerning the Funds held by the Representative within a reasonable time period Trustee including, without limitation, information detailing all investments made, reinvestment undertaken, investment income earned, and disbursement of Funds, during the immediately preceding month; (ii) on or before the thirtieth (30th) day following the close of each fiscal year of the Trust FundFund or such other period as may be agreed upon between the Trustee and the Company, and within 120 days, or such other agreed upon time, fifteen (15) days after the end of the month following the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Representative a certified written report statement of account setting forth all investmentscontributions paid to the Trustee and all relevant information concerning the Funds held by the Trustee including, receipts and disbursementswithout limitation, information detailing all investments made, reinvestment undertaken, investment income earned, and other transactions effected disbursement of Funds, during the immediately preceding fiscal year, or other period from preceding month in the close event of removal or resignation of the preceding Trustee or termination of the Trust; and (iii) any other report or information reasonably requested by the Tribunal or the Company. b) The Trustee shall, on reasonable prior notice and during normal business hours, make available to and permit the date officers, employees and authorized agents of such removalthe Tribunal or the Company and/or the auditors of the Company to inspect all books, resignation records and accounts required to be maintained by the Trustee, in connection with this Agreement or terminationas required by Applicable Laws. c) The Trustee shall prepare and file or issue, including on a description timely basis, all income tax returns, elections and other forms which, by virtue of all securities and investments then held the Tax Act, must be filed or issued in the Trust Fundrespect of a QET, and such other information customarily provided by the Trustee. Upon the expiration of 180 days following the close of a fiscal year of the Trust Fund for which an annual accounting is filed, returns or 90 days from the date of filing of any interim accounting, the Trustee shall, to the extent permitted by law, be forever released and discharged from any liability or accountability to anyone for clerical errors apparent on the face of such accounting. No Participant or beneficiary under the Plans, shall have the right to demand or be entitled to any accounting by the Trustee, other than those to which they may be entitled under the law. Notwithstanding any other provision hereof or of the Plans, the Trustee shall not be subject to any liability for any act or omission, regardless of its nature, after three years following the date on which a plaintiff had actual knowledge of such act or omission; provided, however, that in the case of fraud or concealment the Trustee may be held liable at any time within six years after the date of discovery of such error or omission. The Trustee shall determine the fair market value of the Trust Fund in its customary manner at such times forms as may be required by the Representative, or in order to carry out the provisions of the Plans. All records and accounts maintained by the Trustee with respect to the Trust Fund shall be preserved for such period as may be required under any applicable law. Upon the expiration of any such retention period, the Trustee shall have the right to destroy such records and accounts after first notifying agreed upon between the Company or and the Representative in writing of its intention, and transferring to the Company or to the Representative any such books, records, and accounts as requested. The Trustee shall have the right to preserve all books, records, or accounts in original form, or on microfilm, magnetic tape, or any other similar processTrustee.

Books, Records and Accounts. The Trustee shall keep accurate and detailed accounts of all investments, receipts and disbursements and other transactions hereunder (including those transactions related to accounts under the management of a designated Investment Manager) and all such accounts, books and records relating thereto shall be open at all reasonable times to inspection and audit by any person designated by the Representative within a reasonable time period following the close of each fiscal year of the Trust Fund, and within 120 days, or such other agreed upon time, following the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Representative a certified written report setting forth all investments, receipts and disbursements, and other transactions effected during the fiscal year, or other period from the close of the preceding report to the date of such removal, resignation or termination, including a description of all securities and investments then held in the Trust Fund, and such other information customarily provided by the Trustee. Upon the expiration of 180 days following the close of a fiscal year of the Trust Fund for which an annual accounting is filed, or 90 days from the date of filing of any interim accounting, the Trustee shall, to the extent permitted by law, be forever released and discharged from any liability or accountability to anyone for clerical errors apparent on the face of such accounting. No Participant or beneficiary under the Plans, Plans shall have the right to demand or be entitled to any accounting by the Trustee, other than those to which they may be entitled under the law. Notwithstanding any other provision hereof or of the Plans, the Trustee shall not be subject to any liability for any act or omission, regardless of its nature, after three years following the date on which a plaintiff had actual knowledge of such act or omission; provided, however, that in the case of fraud or concealment the Trustee may be held liable at any time within six years after the date of discovery of such error or omission. The Trustee shall determine the fair market value of the Trust Fund in its customary manner at such times as may be required by the Representative, or in order to carry out the provisions of the Plans. All records and accounts maintained by the Trustee with respect to the Trust Fund shall be preserved for such period as may be required under any applicable law. Upon the expiration of any such retention period, the Trustee shall have the right to destroy such records and accounts after first notifying the Company or the Representative in writing of its intention, and transferring to the Company or to the Representative any such books, records, and accounts as requested. The Trustee shall have the right to preserve all books, records, or accounts in original form, or on microfilm, magnetic tape, or any other similar process.

Books, Records and Accounts. a) The Trustee shall keep maintain proper and accurate books, records and detailed accounts of all investmentstransactions affected or controlled by the Trustee hereunder including, receipts without limitation, the receipt, investment, reinvestment and disbursements disbursement of monies from the Fund, and other transactions hereunder shall provide to the Company: (including those transactions related i) on or before the fifteenth (15th) Business Day following the last day of each month, a statement of account setting forth all contributions paid to accounts under the management of a designated Investment Manager) Trustee and all such accounts, books and records relating thereto shall be open at all reasonable times to inspection and audit by any person designated relevant information concerning the Funds held by the Representative within a reasonable time period Trustee including, without limitation, information detailing all investments made, reinvestment undertaken, investment income earned, and disbursement of Funds, during the immediately preceding month; (ii) on or before the [•]thirtieth (30th) day following the close of each fiscal year of the Trust FundFund or such other period as may be agreed upon between the Trustee and the Company, and within 120 days, or such other agreed upon time, fifteen (15) days after the end of the month following the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Representative a certified written report statement of account setting forth all investmentscontributions paid to the Trustee and all relevant information concerning the Funds held by the Trustee including, receipts and disbursementswithout limitation, information detailing all investments made, reinvestment undertaken, investment income earned, and other transactions effected disbursement of Funds, during the immediately preceding fiscal year, or other period from preceding month in the close event of removal or resignation of the preceding Trustee or termination of the Trust; and (iii) any other report or information reasonably requested by the Tribunal or the Company. b) The Trustee shall, on reasonable prior notice and during normal business hours, make available to and permit the date officers, employees and authorized agents of such removalthe Tribunal or the Company and/or the auditors of the Company to inspect all books, resignation records and accounts required to be maintained by the Trustee, in connection with this Agreement or terminationas required by Applicable Laws. c) The Trustee shall prepare and file or issue, including on a description timely basis, all income tax returns, elections and other forms which, by virtue of all securities and investments then held the Tax Act, must be filed or issued in the Trust Fundrespect of a QET, and such other information customarily provided by the Trustee. Upon the expiration of 180 days following the close of a fiscal year of the Trust Fund for which an annual accounting is filed, returns or 90 days from the date of filing of any interim accounting, the Trustee shall, to the extent permitted by law, be forever released and discharged from any liability or accountability to anyone for clerical errors apparent on the face of such accounting. No Participant or beneficiary under the Plans, shall have the right to demand or be entitled to any accounting by the Trustee, other than those to which they may be entitled under the law. Notwithstanding any other provision hereof or of the Plans, the Trustee shall not be subject to any liability for any act or omission, regardless of its nature, after three years following the date on which a plaintiff had actual knowledge of such act or omission; provided, however, that in the case of fraud or concealment the Trustee may be held liable at any time within six years after the date of discovery of such error or omission. The Trustee shall determine the fair market value of the Trust Fund in its customary manner at such times forms as may be required by the Representative, or in order to carry out the provisions of the Plans. All records and accounts maintained by the Trustee with respect to the Trust Fund shall be preserved for such period as may be required under any applicable law. Upon the expiration of any such retention period, the Trustee shall have the right to destroy such records and accounts after first notifying agreed upon between the Company or and the Representative in writing of its intention, and transferring to the Company or to the Representative any such books, records, and accounts as requested. The Trustee shall have the right to preserve all books, records, or accounts in original form, or on microfilm, magnetic tape, or any other similar processTrustee.

Books, Records and Accounts. The Trustee shall keep accurate and detailed accounts of all investments, receipts and disbursements and other transactions hereunder (including those transactions related to accounts under the management of a designated Investment Manager) and all such accounts, books and records relating thereto shall be open at all reasonable times to inspection and audit by any person designated by the Representative within Representative. Within a reasonable time period following the close of each fiscal year of the Trust Fund, and within 120 one hundred twenty (120) days, or such other agreed upon time, following the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Representative a certified written report setting forth all investments, receipts and disbursements, and other transactions effected during the fiscal year, or other period from the close of the preceding report to the date of such removal, resignation or termination, including a description of all securities and investments then held in the Trust Fund, and such other information customarily provided by the Trustee. Upon the expiration of 180 one hundred eighty (180) days following the close of a fiscal year of the Trust Fund for which an annual accounting is filed, or 90 ninety (90) days from the date of filing of any interim accounting, the Trustee shall, to the extent permitted by law, be forever released and discharged from any liability or accountability to anyone for clerical errors apparent on the face of such accounting. No Participant participant or beneficiary under the Plans, shall have the right to demand or be entitled to any accounting by the Trustee, other than those to which they may be entitled under the law. Notwithstanding any other provision hereof or of the Plans, the Trustee shall not be subject to any liability for any act or omission, regardless of its nature, after three (3) years following the date on which a plaintiff had actual knowledge of such act or omission; provided, however, that in the case of fraud or concealment the Trustee may be held liable at any time within six (6) years after the date of discovery of such error or omission. The Trustee shall determine the fair market value of the Trust Fund in its customary manner at such times as may be required by the Representative, or in order to carry out the provisions of the Plans. All records and accounts maintained by the Trustee with respect to the Trust Fund shall be preserved for such period as may be required under any applicable law. Upon the expiration of any such retention period, the Trustee shall have the right to destroy such records and accounts after first notifying the Company or the Representative in writing of its intention, and transferring to the Company or to the Representative any such books, records, and accounts as requested. The Trustee shall have the right to preserve all books, records, or accounts in original form, or on microfilm, magnetic tape, or any other similar process.