Common use of DIRECTED INVESTMENT ACCOUNT Clause in Contracts

DIRECTED INVESTMENT ACCOUNT. (a) The Administrator shall determine that all Participants be permitted to direct a Trustee as to the investment of all or a portion of the vested interest in any one or more of their individual account balances. If such authorization is given, Participants may, subject to a procedure established by the Administrator and applied in a uniform, non-discriminatory manner, direct the Trustee in writing to invest the vested portion of their account in specific assets, specific funds or other investments permitted under the Plan and the directed investment procedure. That portion of the vested account of any Participant so directing will thereupon be considered a directed investment account, which shall not share the trust fund earnings. (b) A separate directed investment account shall be established for each Participant who has directed an investment. Transfers between the Participant's regular account and his directed investment account shall be charged and credited as the case may be to each account. The directed investment account shall not share in trust fund earnings, but it shall be charged or credited as appropriate with the net earnings, gains, losses and expenses as well as any appreciation or depreciation in market value during each Plan Year attributable to such account. (c) The Trustee shall not be responsible for, nor liable for, any loss or expense which may arise from or result from compliance with any directions from the Participant. The Trustee shall not be responsible for, nor liable for, any loss or expense which may result from the Trustee's refusal or failure to comply with any directions from the Participant. The Trustee may refuse to comply with any direction from the Participant in the event the Trustee, in its sole and absolute discretion, deems such direction improper by virtue of applicable law. Any costs and expenses related to compliance with the Participant's directions shall be borne by the Participant's account.

DIRECTED INVESTMENT ACCOUNT. (a) The Administrator shall determine that all Participants be permitted to direct a Trustee as powers granted to the investment Trustee shall be exercised in the sole fiduciary discretion of the Trustee. However, if Participants are so empowered by the Plan Administrator, each Participant may direct the Trustee to separate and keep separate all or a portion of his entire Account Balance and further each Participant is authorized and empowered, in his sole and absolute discretion, to give directions to the vested interest in any one or more of their individual account balances. If such authorization is given, Participants may, subject Trustee pursuant to a the procedure established by the Plan Administrator and applied in a uniform, non-discriminatory manner, direct such form as the Trustee in writing to invest may require concerning the vested portion investment of their account in specific assets, specific funds or other investments permitted under the Plan and the directed investment procedure. That portion of the vested account of any Participant so directing will thereupon be considered a directed investment account, which shall not share the trust fund earnings. (b) A separate directed investment account shall be established for each Participant who has directed an investment. Transfers between the Participant's regular account and his directed investment account shall be charged and credited as the case may be to each account. The directed investment account shall not share in trust fund earnings, but it shall be charged or credited as appropriate with the net earnings, gains, losses and expenses as well as any appreciation or depreciation in market value during each Plan Year attributable to such account. (c) The Trustee shall not be responsible for, nor liable for, any loss or expense which may arise from or result from compliance with any directions from the ParticipantDirected Investment Account. The Trustee shall not be responsible for, nor liable for, any loss or expense which may result from comply as promptly as practicable with directions given by the Trustee's refusal or failure to comply with any directions from the ParticipantParticipant hereunder. The Trustee may refuse to comply with any direction from the Participant in the event the Trustee, in its sole and absolute discretion, deems such direction directions improper by virtue of applicable law. The Trustee shall not be responsible or liable for any loss or expense which may result from the Trustee's refusal or failure to comply with any directions from the Participant. Any costs and expenses related to compliance with the Participant's directions shall be borne by the Participant's accountDirected Investment Account. The Trustee shall inform the Participant that investment in any collectible shall be treated as a distribution from the Plan and, therefore, is prohibited under the terms of the Plan. For purposes of this Section, the term "collectible" means any work of art, rug, antique, metal, gem, stamp, coin, alcoholic beverage, or any other tangible personal property which might be designated a collectible under the Code or Treasury Regulations. The Trustee shall exercise the above investment authority solely in the interest of and for the exclusive benefit of Plan Participants and their Beneficiaries, with the care, skill, prudence and diligence that a prudent man acting in a like capacity and familiar with such matters would use in exercising such authority."

DIRECTED INVESTMENT ACCOUNT. (a) The Administrator shall determine that all Participants be permitted to direct a Trustee as powers granted to the investment Trustee shall be exercised in the sole fiduciary discretion of the Trustee. However, if Participants are so empowered by the Administrator, each Participant may direct the Trustee to separate and keep separate all or a portion of the vested interest his share of his account; and further each Participant is authorized and empowered, in any one or more of their individual account balances. If such authorization is givenhis sole and absolute discretion, Participants may, subject to a procedure established by the Administrator and applied in a uniform, non-discriminatory manner, direct give directions to the Trustee in writing to invest such form as the vested portion Trustee may require concerning the investment of their account in specific assets, specific funds or other investments permitted under the Plan and the directed investment procedure. That portion of the vested account of any Participant so directing will thereupon be considered a directed investment account, which shall not share the trust fund earnings. (b) A separate directed investment account shall be established for each Participant who has directed an investment. Transfers between the Participant's regular account and his directed investment account Directed Investment Account, which directions must be followed by the Trustee subject, however, to restrictions on payment of life insurance premiums. Neither the Trustee nor any other persons including the Administrator or otherwise shall be charged under any duty to question any such direction of the Participant or to review any securities or other property, real or personal, or to make any suggestions to the Participant in connection therewith, and credited the Trustee shall comply as promptly as practicable with directions given by the Participant hereunder. Any such direction may be of a continuing nature or otherwise and may be revoked by the Participant at any time in such form as the case Trustee may be to each account. The directed investment account shall not share in trust fund earnings, but it shall be charged or credited as appropriate with the net earnings, gains, losses and expenses as well as any appreciation or depreciation in market value during each Plan Year attributable to such account. (c) The Trustee shall not be responsible for, nor liable for, any loss or expense which may arise from or result from compliance with any directions from the Participant. The Trustee shall not be responsible for, nor liable for, any loss or expense which may result from the Trustee's refusal or failure to comply with any directions from the Participantrequire. The Trustee may refuse to comply with any direction from the Participant in the event the Trustee, in its sole and absolute discretion, deems such direction directions improper by virtue of applicable law. The Trustee shall not be responsible or liable for any loss or expense which may result from the Trustee's refusal or failure to comply with any directions from the Participant. Any costs and expenses related to compliance with the Participant's directions shall be borne by the Participant's accountDirected Investment Account.

DIRECTED INVESTMENT ACCOUNT. (a) The Administrator shall determine that all Participants be permitted to direct a Trustee as to the investment of all or a portion of the vested interest in any one or more of their individual account balances. If such authorization is given, Participants may, subject to a procedure established by the Administrator (the Participant Direction Procedures) and applied in a uniform, non-discriminatory uniform nondiscriminatory manner, direct the Trustee Trustee, in writing (or in such other form which is acceptable to the Trustee), to invest the vested portion all of their account accounts in specific assets, specific funds or other investments permitted under the Plan and the directed investment procedureParticipant Direction Procedures. That portion of the vested account interest of any Participant so directing will thereupon be considered a directed investment account, which shall not share the trust fund earningsParticipant's Directed Account. (b) A separate directed investment account shall be established for As of each Valuation Date, all Participant who has directed an investment. Transfers between the Participant's regular account and his directed investment account shall be charged and credited as the case may be to each account. The directed investment account shall not share in trust fund earnings, but it Directed Accounts shall be charged or credited as appropriate with the net earnings, gains, losses and expenses as well as any appreciation or depreciation in the market value during using publicly listed fair market values when available or appropriate as follows: (1) to the extent that the assets in a Participant's Directed Account are accounted for as pooled assets or investments, the allocation of earnings, gains and losses of each Plan Year attributable Participant's Directed Account shall be based upon the total amount of funds so invested in a manner proportionate to the Participant's share of such accountpooled investment; and (2) to the extent that the assets in the Participant's Directed Account are accounted for as segregated assets, the allocation of earnings, gains and losses from such assets shall be made on a separate and distinct basis. (c) The Trustee shall not Investment directions will be responsible for, nor liable for, any loss or expense which may arise from or result from compliance with any processed as soon as administratively practicable after proper investment directions are received from the Participant. The No guarantee is made by the Plan, Employer, Administrator or Trustee shall that investment directions will be processed on a daily basis, and no guarantee is made in any respect regarding the processing time of an investment direction. Notwithstanding any other provision of the Plan, the Employer, Administrator or Trustee reserves the right to not value an investment option on any given Valuation Date for any reason deemed appropriate by the Employer, Administrator or Trustee. Furthermore, the processing of any investment transaction may be responsible fordelayed for any legitimate business reason (including, nor liable forbut not limited to, failure of systems or computer programs, failure of the means of the transmission of data, force majeure, the failure of a service provider to timely receive values or prices, and correction for errors or omissions or the errors or omissions of any loss or expense which may result from the Trustee's refusal or failure to comply with any directions from the Participantservice provider). The Trustee may refuse processing date of a transaction will be binding for all purposes of the Plan and considered the applicable Valuation Date for an investment transaction. (d) With respect to comply with any direction from Employer stock which is allocated to a Participant's Directed Investment Account, the Participant or Beneficiary shall direct the Trustee with regard to any voting, tender and similar rights associated with the ownership of Employer stock in the event same manner provided in Section 11.5 for Employer Shares held in the Trustee, in its sole and absolute discretion, deems such direction improper by virtue of applicable law. Any costs and expenses related to compliance with the Participant's directions shall be borne by the Participant's accountEmployee Stock Ownership Transfer Account.