Common use of COMMITTEE POWERS AND DUTIES Clause in Contracts

COMMITTEE POWERS AND DUTIES. The Committee shall supervise the administration and enforcement of the Plan according to the terms and provisions hereof and shall have all powers necessary to accomplish these purposes, including, but not by way of limitation, the right, power, authority, and duty: (a) To make rules, regulations, and bylaws for the administration of the Plan that are not inconsistent with the terms and provisions hereof, provided such rules, regulation, and bylaws are evidenced in writing and copies thereof are delivered to the Trustee and to the Company, and to enforce the terms of the Plan and the rules and regulations promulgated thereunder by the Committee; (b) To construe in its discretion all terms, provisions, conditions, and limitations of the Plan. In all cases, the construction necessary for the Plan to qualify under the applicable provisions of the Code shall control; (c) To correct any defect or to supply any omission or to reconcile any inconsistency that may appear in the Plan in such manner and to such extent as it shall deem in its discretion expedient to effectuate the purposes of the Plan; (d) To employ and compensate such accountants, attorneys, investment advisors, and other agents, employees, and independent contractors as the Committee may deem necessary or advisable for the proper and efficient administration of the Plan; (e) To determine in its discretion all questions relating to eligibility; (f) To make a determination in its discretion as to the right of any person to a benefit under the Plan and to prescribe procedures to be followed by distributees in obtaining benefits hereunder; (g) To prepare, file, and distribute, in such manner as the Committee determines to be appropriate, such information and material as is required by the reporting and disclosure requirements of the Act; (h) To furnish the Employer any information necessary for the preparation of such Employer's tax return or other information that the Committee determines in its discretion is necessary for a legitimate purpose; (i) To require and obtain from the Employer and the Members any information or data that the Committee determines is necessary for the proper administration of the Plan; (j) To instruct the Trustee as to the loans to Members pursuant to the provisions of Article XII; (k) To instruct the Trustee as to the management, investment, and reinvestment of the Trust Fund; (l) To appoint investment managers pursuant to Section 15.5; (m) To receive and review reports from the Trustee and the investment managers as to the financial condition of the Trust Fund, including its receipts and disbursements; (n) To review periodically the Plan's short-term and long-term investment needs and goals and to communicate such needs and goals to the Trustee and any investment manager as frequently as the Committee, in its discretion, deems necessary for the proper administration of the Plan and Trust; and (o) To establish or designate Investment Funds as investment options as provided in Article V. (p) To vote any shares of Company Stock or mutual funds held in the Trust Fund, provided, however, that the Committee shall follow the directions of the Members pursuant to Section 5.3(a) in voting Company Stock, and further provided, that the Committee may appoint a Voting Fiduciary to vote Company Stock in accordance with the directions from the Members.

COMMITTEE POWERS AND DUTIES. The Committee Committee, in good faith, shall supervise the administration and enforcement of the Plan according to the terms and provisions hereof and shall have the sole discretionary authority and all powers necessary to accomplish these purposes, including, but not by way of limitation, the right, power, authority, authority and duty: (a1) To to make rules, regulations, regulations and bylaws procedures for the administration of the Plan that which are not inconsistent with the terms and provisions hereof, provided such rules, regulation, regulations and bylaws procedures are evidenced in writing and copies thereof are delivered to the Trustee and to the Company, and to enforce the terms of the Plan and the rules and regulations promulgated thereunder by the CommitteeGeneral Partner; (b2) To to construe in its discretion and interpret all terms, provisions, conditions, conditions and limitations of the Plan. In all cases, the construction necessary for the Plan to qualify under the applicable provisions of the Code shall control; (c3) To to correct any defect or to defect, supply any omission omission, construe any ambiguous or to uncertain provisions, or reconcile any inconsistency that may appear in the Plan Plan, in such manner and to such extent as it shall deem in its discretion expedient to effectuate carry the purposes of the PlanPlan into effect; (d4) To to employ and compensate and delegate responsibilities to such accountants, attorneys, investment advisors, advisors and other agents, employees, agents and independent contractors persons as the Committee may deem necessary or advisable for in the proper and efficient administration of the Plan; (e5) To to determine in its discretion all questions and issues relating to eligibility; (f6) To make a determination in its discretion as to determine the right amount, manner and time of payment of any person to a benefit benefits under the Plan and to prescribe procedures to be followed by distributees Participants in obtaining benefits hereunderbenefits; (g7) To prepareto cause to be prepared, file, filed and distributedistributed, in such manner as the Committee determines to be appropriate, such information and material as is required by the reporting and disclosure requirements of the Act;applicable statute or regulation; and (h) To furnish the Employer any information necessary for the preparation of such Employer's tax return or other information that the Committee determines in its discretion is necessary for 8) to make a legitimate purpose; (i) To require and obtain from the Employer and the Members any information or data that the Committee determines is necessary for the proper administration of the Plan; (j) To instruct the Trustee determination as to the loans right of any person to Members pursuant to the provisions of Article XII; (k) To instruct the Trustee as to the management, investment, and reinvestment of the Trust Fund; (l) To appoint investment managers pursuant to Section 15.5; (m) To receive and review reports from the Trustee and the investment managers as to the financial condition of the Trust Fund, including its receipts and disbursements; (n) To review periodically an amount payable under the Plan's short-term and long-term investment needs and goals and to communicate such needs and goals to the Trustee and any investment manager as frequently as the Committee, in its discretion, deems necessary for the proper administration of the Plan and Trust; and (o) To establish or designate Investment Funds as investment options as provided in Article V. (p) To vote any shares of Company Stock or mutual funds held in the Trust Fund, provided, however, that the Committee shall follow the directions of the Members pursuant to Section 5.3(a) in voting Company Stock, and further provided, that the Committee may appoint a Voting Fiduciary to vote Company Stock in accordance with the directions from the Members.

COMMITTEE POWERS AND DUTIES. The Committee shall supervise the administration and enforcement of the Plan according to the terms and provisions hereof and shall have all powers necessary to accomplish these purposes, including, but not by way of limitation, the right, power, authority, and duty: (a) To make rules, regulations, and bylaws for the administration of the Plan that are not inconsistent with the terms and provisions hereof, provided such rules, regulationregulations, and bylaws are evidenced in writing and copies thereof are delivered to the Trustee and to the Company, and to enforce the terms of the Plan and the rules and regulations promulgated thereunder by the Committee; (b) To construe in its discretion all terms, provisions, conditions, and limitations of the Plan. In , and, in all cases, the construction necessary for the Plan to qualify under the applicable provisions of the Code shall control; (c) To correct any defect or to supply any omission or to reconcile any inconsistency that may appear in the Plan in such manner and to such extent as it shall deem expedient in its discretion expedient to effectuate the purposes of the Plan; (d) To employ and compensate such accountants, attorneys, investment advisors, and other agents, employees, and independent contractors as the Committee may deem necessary or advisable for the proper and efficient administration of the Plan; (e) To determine in its discretion all questions relating to eligibility; (f) To make a determination in its discretion as to the right of any person to a benefit under the Plan and to prescribe procedures to be followed by distributees in obtaining benefits hereunder; (g) To prepare, file, and distribute, in such manner as the Committee determines to be appropriate, such information and material as is required by the reporting and disclosure requirements of the Act; (h) To furnish the Employer any information necessary for the preparation of such Employer's tax return or other information that the Committee determines in its discretion is necessary for a legitimate purpose; (i) To require and obtain from the Employer and the Members any information or data that the Committee determines is necessary for the proper administration of the Plan; (j) To instruct the Trustee as to the loans to Members pursuant to the provisions of Article XII; (k) To instruct the Trustee as to the management, investment, and reinvestment of the Trust Fund; (l) To appoint investment managers pursuant to Section 15.5; (ml) To receive and review reports from the Trustee and the from investment managers as to the financial condition of the Trust Fund, including its receipts and disbursements; (n) To review periodically the Plan's short-term and long-term investment needs and goals and to communicate such needs and goals to the Trustee and any investment manager as frequently as the Committee, in its discretion, deems necessary for the proper administration of the Plan and Trust; and (om) To establish or designate Investment Funds as investment options as provided in Article V.V; and (pn) To vote any shares direct the Trustee as to the exercise of rights or privileges to acquire, convert, or exchange Company Stock or mutual funds held in the Trust Fund, provided, however, that the Committee shall follow the directions of the Members pursuant to Section 5.3(a) in voting Company Stock, and further provided, that the Committee may appoint a Voting Fiduciary to vote Company Stock in accordance with the directions from the Members5.4.

COMMITTEE POWERS AND DUTIES. The Committee shall supervise the administration and enforcement of the Plan according to the terms and provisions hereof and shall have all powers necessary to accomplish these purposes, including, but not by way of limitation, the right, power, authority, and duty: (a) To make rules, regulations, and bylaws for the administration of the Plan that are not inconsistent with the terms and provisions hereof, provided such rules, regulation, and bylaws are evidenced in writing and copies thereof are delivered to the Trustee and to the Company, and to enforce the terms of the Plan and the rules and regulations promulgated thereunder by the Committee; (b) To construe in its discretion all terms, provisions, conditions, and limitations of the Plan. In all cases, the construction necessary for the Plan to qualify under the applicable provisions of the Code shall control; (c) To correct any defect or to supply any omission or to reconcile any inconsistency that may appear in the Plan in such manner and to such extent as it shall deem in its discretion expedient to effectuate the purposes of the Plan; (d) To employ and compensate such accountants, attorneys, investment advisors, and other agents, employees, and independent contractors as the Committee may deem necessary or advisable for the proper and efficient administration of the Plan; (e) To determine in its discretion all questions relating to eligibility; (f) To make a determination in its discretion as to the right of any person to a benefit under the Plan and to prescribe procedures to be followed by distributees in obtaining benefits hereunder; (g) To prepare, file, and distribute, in such manner as the Committee determines to be appropriate, such information and material as is required by the reporting and disclosure requirements of the ActAct or the Code; (h) To furnish the Employer any information necessary for the preparation of such Employer's tax return or other information that the Committee determines in its discretion is necessary for a legitimate purpose; (i) To require and obtain from the Employer and the Members any information or data that the Committee determines is necessary for the proper administration of the Plan; (j) To instruct the Trustee as to the loans to Members pursuant to the provisions of Article XII; (k) To to instruct the Trustee as to the management, investment, and reinvestment of the Trust Fund; (l) To appoint investment managers pursuant to Section 15.5; (m) To receive and review reports from the Trustee and the investment managers Investment Managers as to the financial condition of the Trust Fund, including its receipts and disbursements; (n) To review periodically the Plan's short-term and long-term investment needs and goals and to communicate such needs and goals to the Trustee and any investment manager as frequently as the Committee, in its discretion, deems necessary for the proper administration of the Plan and Trust; and (on) To establish or designate Investment Funds as investment options as provided in Article V. (p) To vote any shares of Company Stock or mutual funds held in the Trust Fund, provided, however, that the Committee shall follow the directions of the Members pursuant to Section 5.3(a) in voting Company Stock, and further provided, that the Committee may appoint a Voting Fiduciary to vote Company Stock in accordance with the directions from the Members.

COMMITTEE POWERS AND DUTIES. The Committee shall supervise the administration and enforcement of the Plan according to the terms and provisions hereof and shall have all powers necessary to accomplish these purposes, including, but not by way of limitation, the right, power, authority, and duty: (a) To make rules, regulations, and bylaws for the administration of the Plan that are not inconsistent with the terms and provisions hereof, provided such rules, regulationregulations, and bylaws are evidenced in writing and copies thereof are delivered to the Trustee and to the Company, and to enforce the terms of the Plan and the rules and regulations promulgated thereunder by the Committee; (b) To construe in its discretion all terms, provisions, conditions, and limitations of the Plan. In , and, in all cases, the construction necessary for the Plan to qualify under the applicable provisions of the Code shall control; (c) To correct any defect or to supply any omission or to reconcile any inconsistency that may appear in the Plan in such manner and to such extent as it shall deem expedient in its discretion expedient to effectuate the purposes of the Plan; (d) To employ and compensate such accountants, attorneys, investment advisors, and other agents, employees, and independent contractors as the Committee may deem necessary or advisable for the proper and efficient administration of the Plan; (e) To determine in its discretion all questions relating to eligibility; (f) To make a determination in its discretion as to the right of any person to a benefit under the Plan and to prescribe procedures to be followed by distributees in obtaining benefits hereunder; (g) To prepare, file, and distribute, in such manner as the Committee determines to be appropriate, such information and material as is required by the reporting and disclosure requirements of the Act; (h) To furnish the Employer any information necessary for the preparation of such Employer's tax return or other information that the Committee determines in its discretion is necessary for a legitimate purpose; (i) To require and obtain from the Employer and the Members any information or data that the Committee determines is necessary for the proper administration of the Plan; (j) To instruct the Trustee as to the loans to Members pursuant to the provisions of Article XII; (k) To instruct direct the Trustee as to voting of Company Stock pursuant to the management, investment, and reinvestment provisions of the Trust FundSection 5.4; (l) To appoint investment managers pursuant to Section 15.5; (m) To receive and review reports from the Trustee and the from investment managers as to the financial condition of the Trust Fund, including its receipts and disbursements; (n) To review periodically the Plan's short-term and long-term investment needs and goals and to communicate such needs and goals to the Trustee and any investment manager as frequently as the Committee, in its discretion, deems necessary for the proper administration of the Plan and Trust; and (on) To establish or designate Investment Funds as investment options as provided in Article V. (p) To vote any shares of Company Stock or mutual funds held in the Trust Fund, provided, however, that the Committee shall follow the directions of the Members pursuant to Section 5.3(a) in voting Company Stock, and further provided, that the Committee may appoint a Voting Fiduciary to vote Company Stock in accordance with the directions from the Members.

COMMITTEE POWERS AND DUTIES. The Committee shall supervise perform the administration duties and enforcement of may exercise the Plan according powers and discretion given to the terms it in this Agreement, and provisions hereof its decisions and actions shall have be final and conclusive regarding all powers necessary persons affected thereby. The Committee shall exercise its discretion at all times in a nondiscriminatory manner. Subject to accomplish these purposes, including, but not by way of limitationany limitations stated in this Agreement, the rightCommittee is authorized and empowered with the following powers, power, authorityrights, and dutyduties: (a) To make rulesselect a Secretary, regulationswho need not be a member of the Committee; (b) To determine the rights of eligibility of an Employee to participate in the Plan, the value of a Participant's Account Balance and bylaws the Nonforfeitable percentage of each Participant's Accrued Benefit; (c) To adopt rules of procedure and regulations necessary for the proper and efficient administration of the Plan that provided the rules are not inconsistent consistent with the terms of this Agreement; (d) To construe and provisions hereof, provided such rules, regulation, and bylaws are evidenced in writing and copies thereof are delivered to the Trustee and to the Company, and to enforce the terms of the Plan and the rules and regulations promulgated thereunder by the Committee; (b) To construe in its discretion all termsit adopts, provisions, conditions, and limitations including interpretation of the Plan. In all cases, the construction necessary for the Plan documents and documents related to qualify under the applicable provisions of the Code shall control; (c) To correct any defect or to supply any omission or to reconcile any inconsistency that may appear in the Plan in such manner and to such extent as it shall deem in its discretion expedient to effectuate the purposes of the Plan; (d) To employ and compensate such accountants, attorneys, investment advisors, and other agents, employees, and independent contractors as the Committee may deem necessary or advisable for the proper and efficient administration of the Plan's operation; (e) To determine in its discretion all questions relating to eligibilitydirect the Trustee concerning the crediting and distribution of the Trust; (f) To make review and render decisions respecting a determination in its discretion as to the right claim for, or denial of any person to a claim for, a benefit under the Plan and to prescribe procedures to be followed by distributees in obtaining benefits hereunderPlan; (g) To prepare, file, and distribute, in such manner as furnish the Committee determines to be appropriate, such Employer with information and material as is required by which the reporting and disclosure requirements of the ActEmployer may require for tax or other purposes; (h) To furnish engage the Employer any information necessary for service of agents whom it may deem advisable to assist it with the preparation performance of such Employer's tax return or other information that the Committee determines in its discretion is necessary for a legitimate purposeduties; (i) To require engage the services of an Investment Manager or Managers (as defined in ERISA Section 3(38)), each of whom will have full power and obtain from authority to manage, acquire or dispose, or direct the Employer and the Members Trustee with respect to acquisition or disposition, of any information or data that the Committee determines is necessary for the proper administration of the PlanPlan asset under its control; (j) To instruct establish, in its sole discretion, a nondiscriminatory policy, pursuant to this Section, which the Trustee as must observe in making loans, if any, to the loans to Members pursuant to the provisions of Article XII;Participants and Beneficiaries; and (k) To instruct the Trustee as establish and maintain a funding standard account and to make credits and charges to the management, investment, and reinvestment of the Trust Fund; (l) To appoint investment managers pursuant to Section 15.5; (m) To receive and review reports from the Trustee and the investment managers as account to the financial condition of the Trust Fund, including its receipts extent required by and disbursements; (n) To review periodically the Plan's short-term and long-term investment needs and goals and to communicate such needs and goals to the Trustee and any investment manager as frequently as the Committee, in its discretion, deems necessary for the proper administration of the Plan and Trust; and (o) To establish or designate Investment Funds as investment options as provided in Article V. (p) To vote any shares of Company Stock or mutual funds held in the Trust Fund, provided, however, that the Committee shall follow the directions of the Members pursuant to Section 5.3(a) in voting Company Stock, and further provided, that the Committee may appoint a Voting Fiduciary to vote Company Stock in accordance with applicable Code provisions. The Committee must exercise all of its powers, duties, and discretion under the directions from the MembersPlan in a uniform and nondiscriminatory manner.