Common use of CONCERNING THE TRUST FUND Clause in Contracts

CONCERNING THE TRUST FUND. Section 1.1. The Plan, this Trust Agreement and the Trust Fund created hereunder are intended to meet all the applicable requirements of Sections 401(a) and 501(a) of the Internal Revenue Code of 1986, as amended (the "Code") and ERISA. The Employer assumes full responsibility to establish and maintain the Plan as a plan meeting the qualification requirements of Section 401(a) of the Code and hereby agrees to notify the Trustee promptly in the event of any change in such qualified status. Copies of all documents related to the Plan including, without limitation, the Plan, amendments to the Plan and the most recent determination letter received from the Internal Revenue Service with respect to the Plan (or an opinion of counsel satisfactory to the Trustee as to the plan's qualified status), upon request will be provided to the Trustee by the Employer. Section 1.2. The Employer certifies and represents to the Trustee that there are no duties imposed on the Trustee under the terms of the Plan that are not consistent with the provisions of this Trust Agreement.