Common use of COMPREHENSIVENESS OF POWERS AND CONCLUSIVENESS OF EXERCISE OF DISCRETION Clause in Contracts

COMPREHENSIVENESS OF POWERS AND CONCLUSIVENESS OF EXERCISE OF DISCRETION. The powers and authority herein granted to the Trustee may be exercised in whole or in part at any time and from time to time and shall be deemed to be supplementary to and not exclusive of the general powers of a trustee pursuant to law and shall include all powers necessary to carry the same into effect. The enumeration of specific powers herein shall not be construed in any way to limit or affect the general powers herein granted. In the exercise of each such power, whether specific or general, the Trustee shall be required to use the degree of judgment and care that a reasonable, prudent investor would use if it were the owner of the assets of the Trust Estate, having due regard for the preservation of the assets and the value thereof. Within the scope of the discretion allowed to the Trustee, the Trustee's judgment as to the advisability and mode of exercising any such power or authority shall be final and conclusive upon all persons interested or who may become interested in the Trust Estate or any Trust created hereunder.