Common use of Evidence Clause in Contracts

Evidence. Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Committee and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 28 contracts

Samples: Defined Contribution Prototype Plan and Trust Agreement (Direct Focus Inc), Retirement Savings Plan Adoption Agreement (World Acceptance Corp), Defined Contribution Master Plan and Trust Agreement (Sonic Corp)

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Evidence. Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Both the Advisory Committee and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 9 contracts

Samples: Voluntary Pension and Salary Deferral Plan and Trust Agreement (Flow International Corp), Employee Stock Ownership Plan (Exigent International Inc), Employee Stock Ownership Plan and Trust Agreement (Fronteer Directory Company Inc)

Evidence. Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Administrative Committee and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 4 contracts

Samples: 401(k) Savings Plan (Summit Care Corp), Defined Contribution Prototype Plan and Trust Agreement (Goodmark Foods Inc), Defined Contribution Prototype Plan and Trust Agreement (Conagra Inc /De/)

Evidence. Anyone required to give evidence under the terms of the -------- Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Committee and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 4 contracts

Samples: 401(k) Plan (Firstbank Corp/Id), Defined Contribution Prototype Plan and Trust Agreement (High Country Bancorp Inc), Adoption Agreement (Ifb Holdings Inc)

Evidence. Anyone required to give evidence under the -------- terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Committee and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 3 contracts

Samples: Defined Contribution Master Plan and Trust Agreement (Modine Manufacturing Co), Defined Contribution Master Plan and Trust Agreement (Modine Manufacturing Co), Defined Contribution Master Plan and Trust Agreement (Modine Manufacturing Co)

Evidence. Anyone required to give evidence under the terms of the Plan -------- may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Committee and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 3 contracts

Samples: Defined Contribution Prototype Plan and Trust Agreement (Indian Village Bancorp Inc), Adoption Agreement (Channell Commercial Corp), Defined Contribution Prototype Plan and Trust Agreement (Global Imaging Systems Inc)

Evidence. Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Both the Plan Administration Committee and the Trustee are Trustees shall be fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 2 contracts

Samples: Fire and Police Money Purchase Pension Plan and Trust Agreement, Pension Plan and Trust Agreement

Evidence. Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Both the Plan Administrative Committee and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 1 contract

Samples: Employee Stock Ownership Plan and Trust Agreement (Argo Tech Corp)

Evidence. Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Committee and the Trustee are fully protected in acting and relying reeving upon any evidence described under the immediately preceding sentence.

Appears in 1 contract

Samples: Defined Contribution Master Plan and Trust Agreement (Gart Sports Co)

Evidence. Anyone required to give evidence under the terms -------- of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Both the Advisory Committee and the Trustee are shall be fully protected in acting and relying upon any evidence described under the immediately preceding sentencethis Section.

Appears in 1 contract

Samples: Defined Benefit Plan Agreement (Emerging Communications Inc)

Evidence. Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Committee and the Trustee are Trustees shall be fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 1 contract

Samples: Defined Benefit Plan

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Evidence. Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Committee Both the Plan Administrator and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 1 contract

Samples: Employees' Stock Ownership Plan and Trust Agreement (Caseys General Stores Inc)

Evidence. Anyone required to give evidence under the terms of the --------- Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Committee and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 1 contract

Samples: Discretionary Contribution Plan and Trust Agreement (Hollis Eden Pharmaceuticals Inc /De/)

Evidence. Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Both the Advisory Committee and the Custodian/Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 1 contract

Samples: 401(k) Retirement Savings Plan (Reptron Electronics Inc)

Evidence. Anyone required to give evidence under the terms of the -------- Plan may do so by certificate, certificate of affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, genuine and to have been signed, made or presented by the proper party or parties. The Advisory Committee and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 1 contract

Samples: Adoption Agreement (Timberland Bancorp Inc)

Evidence. Anyone required to give evidence under the terms of the -------- Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Committee Plan Administrator and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 1 contract

Samples: 401(k) Volume Submitter Plan and Trust Agreement (Krispy Kreme Doughnuts Inc)

Evidence. Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, affidavit document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Advisory Committee and the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence.

Appears in 1 contract

Samples: Defined Contribution Prototype Plan and Trust Agreement (Midcoast Energy Resources Inc)

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