Common use of General Duties and Obligations Clause in Contracts

General Duties and Obligations. (a) Subject to Section 2.8, the Trustee has the duty to hold all property received by it and any income and gains thereupon, to manage, invest and reinvest the Trust Fund, to collect the income therefrom, and to make payments as provided in this Trust Agreement. (b) The Trustee is responsible only for money or assets that it actually receives. The Trustee has no duty to compute amounts to be paid to it by the Company or to enforce collection of any contribution due from the Company. The Trustee will not be responsible for the correctness of the computation of the amount of any contribution made or to be made by the Company. (c) The Trustee will make payments and disbursements from the Trust Fund to or on the order of the Administrative Committee. Orders of the Administrative Committee with respect to disbursements from the Trust Fund will specify the application to be made of such funds, and the Trustee may rely on the Administrative Committee’s instructions regarding disbursements from the Trust Fund. (d) Subject to the provisions of Section 7.2(b), the Trustee has the duty to comply with any directive issued by the Administrative Committee to withdraw and transfer all or any part of the Trust Fund to another trustee or another successor funding agent. (e) With respect to all Employer Stock held in the Trust Fund, the Trustee has the duty to (i) vote such shares on any matter presented to stockholders for a vote in accordance with the provisions of Section 4.3; (ii) decide whether to give general or special proxies or powers of attorney with or without power of substitution with respect to such shares; (iii) decide whether to exercise any conversion privileges, subscription rights or other options and to make any payments incidental thereto; (iv) decide whether to consent to or otherwise participate in corporate reorganizations or other changes affecting such shares that are not presented to stockholders for a vote; (v) decide whether to exercise rights of appraisal and similar rights and make decisions with respect to choice of consideration relating thereto and to pay any assessments or charges in connection therewith; (vi) decide whether to tender such shares in the event of a tender offer in accordance with the provisions of Section 4.4; and (vii) maintain the confidentiality of information with respect to the exercise by Participants of voting, tender and similar rights with respect to the Employer Stock pursuant to procedures that comply with 29 C.F.R. § 2550.404c-l(d)(4)(vii). (f) The Trustee, after consultation with the Administrative Committee, will prepare the necessary documents associated with the voting and tendering of Employer Stock. The Company will pay for all printing, mailing, tabulation and other costs associated with the voting and tendering of Employer Stock.

General Duties and Obligations. (a) Subject to Section 2.8, the The Trustee has the duty to shall hold all property received by it and any income and gains thereupon, to . The Trustee shall manage, invest and reinvest the Trust Fund, to shall collect the income therefrom, and to shall make payments as provided in the Plans and in this Trust Agreement. The Trustee may utilize depositories to hold assets of the Trust Fund; provided, however, that the Trustee shall not be relieved of any fiduciary responsibility with respect to the assets so held. (b) The Trustee is responsible only for money or assets that it actually receives. The Trustee has no duty to compute amounts to be paid to it by the Company or to enforce collection of any contribution due from the Company. The Trustee will is not be responsible for the correctness of the computation of the amount of any contribution made or to be made by the Company. (c) The Trustee will shall make payments and disbursements from the Trust Fund to or on the order of the Administrative Committee. Orders of the Administrative Committee with respect to disbursements from the Trust Fund will shall specify the application to be made of such funds, and the Trustee may (to the extent permitted by law) rely on the Administrative Committee’s 's instructions regarding disbursements from the Trust Fund. (d) Subject to the provisions of Section 7.2(b8.2(b), the Trustee has the duty to shall comply with any directive issued by the Administrative Board or the Committee to withdraw and transfer all or any part of the Trust Fund to another trustee or another successor funding agent. (e) With respect to all Employer Company Stock held in the Trust Fund, the Trustee has the duty to shall (i) vote such shares on any matter presented to stockholders shareholders for a vote in accordance with the provisions of Section 4.35.3; (ii) decide whether to give general or special proxies or powers of attorney with or without power of substitution with respect to such shares; (iii) decide whether to exercise any conversion privileges, subscription rights or other options and to make any payments incidental thereto; (iv) decide whether to consent to or otherwise participate in corporate reorganizations or other changes affecting such shares that are not presented to stockholders for a voteshares; (v) decide whether to exercise rights of appraisal and similar rights and make decisions with respect to choice of consideration relating thereto or to delegate discretionary powers and to pay any assessments or charges in connection therewith; (vi) decide whether to tender such shares in the event of a tender offer in accordance with the provisions of Section 4.4; and (vii) maintain the confidentiality of information with respect to the exercise by Participants of voting, tender and similar rights with respect to the Employer Stock pursuant to procedures that comply with 29 C.F.R. § 2550.404c-l(d)(4)(vii)5.4. (f) The Trustee, after consultation with the Administrative Committee, will prepare the necessary documents associated with the voting and tendering of Employer Stock. The Company will pay for all printing, mailing, tabulation and other costs associated with the voting and tendering of Employer Stock.

General Duties and Obligations. (a) Subject to Section 2.8, the Trustee has the duty to IDS Trust will hold all property received by it and any income and gains thereupon, to . IDS Trust will manage, invest and reinvest the Trust Fundfund, following the directions of the Committee, the Director of Investments, the Participants and Beneficiaries, or an Investment Manager with respect to assets of the Trust fund for which such individuals or entities have investment responsibility. IDS Trust will collect the income therefrom, and to will make payments as provided in the Plan and in this Trust Agreement. IDS Trust may utilize depositories to hold assets of the Trust fund, provided however that IDS Trust will not be relieved of any fiduciary responsibilities with respect to the assets so held. (b) The Trustee IDS Trust is responsible only for money or assets that it actually receives. The Trustee IDS Trust has no duty to compute amounts to be paid to it by the Company a Participating Affiliate or to enforce collection of any contribution due from the Companya Participating Affiliate. The Trustee will IDS Trust is not be responsible for the correctness of the computation of the amount of any contribution made or to be made by the Companya Participating Affiliate. IDS Trust may, but will not be required to, accept contributions of property. (c) The Trustee If Participating Affiliate contributions paid to IDS Trust would in turn be paid by IDS Trust pursuant to directions of the Committee or the Director of Investments to an Investment Manager, such contributions may be paid directly by the Participating Affiliates to the Investment Manager and will be treated as if paid to IDS Trust and then disbursed from the Trust fund to the Investment Manager pursuant to directions of the Committee or Director of Investments. (d) IDS Trust will make payments and disbursements from the Trust Fund fund to or on the order of the Administrative CommitteeCommittee or the Director of Compensation and Benefits, including distributions to Participants or their Beneficiaries as provided in the Plan. Orders of the Administrative Committee or the Director of Compensation and Benefits with respect to disbursements from the Trust Fund fund will specify the application to be made of such funds, and IDS Trust may (to the Trustee may extent permitted by law) rely on the Administrative Committee’s such instructions regarding disbursements from the Trust Fundfund. (de) Subject to the provisions of Section 7.2(b8.2(c), the Trustee has the duty to IDS Trust will comply with any directive issued by the Administrative Committee to withdraw and transfer all or any part of the Trust Fund fund to another trustee or another successor funding agent. (ef) With respect to all Employer Stock held IDS Trust will use ordinary care and reasonable diligence in the exercise of its powers and the performance of its duties and obligations under this Trust Fund, the Trustee has the duty to (i) vote such shares on any matter presented to stockholders for a vote in accordance with the provisions of Section 4.3; (ii) decide whether to give general or special proxies or powers of attorney with or without power of substitution with respect to such shares; (iii) decide whether to exercise any conversion privileges, subscription rights or other options and to make any payments incidental thereto; (iv) decide whether to consent to or otherwise participate in corporate reorganizations or other changes affecting such shares that are not presented to stockholders for a vote; (v) decide whether to exercise rights of appraisal and similar rights and make decisions with respect to choice of consideration relating thereto and to pay any assessments or charges in connection therewith; (vi) decide whether to tender such shares in the event of a tender offer in accordance with the provisions of Section 4.4; and (vii) maintain the confidentiality of information with respect to the exercise by Participants of voting, tender and similar rights with respect to the Employer Stock pursuant to procedures that comply with 29 C.F.R. § 2550.404c-l(d)(4)(vii)Agreement. (f) The Trustee, after consultation with the Administrative Committee, will prepare the necessary documents associated with the voting and tendering of Employer Stock. The Company will pay for all printing, mailing, tabulation and other costs associated with the voting and tendering of Employer Stock.

General Duties and Obligations. (a) Subject to Section 2.8, the The Trustee has the duty to will hold all property received by it and any income and gains thereupon, to . The Trustee will manage, invest and reinvest the Trust Fund, following the directions of the Committee, the Participants or an Investment Manager with respect to assets of the Trust Fund which the Committee, the Participants or Investment Manager has responsibility for the investment thereof, will collect the income therefrom, and to will make payments as provided in the Plan and in this Trust Agreement. The Trustee may utilize depositories to hold assets of the Trust Fund, provided however that the Trustee will not be relieved of any fiduciary responsibilities with respect to the assets so held. (b) The Trustee is responsible only for money or assets that it actually receives. The Trustee has no duty to compute amounts to be paid to it by the Company a Participating Employer or to enforce collection of any contribution due from the Companya Participating Employer. The Trustee will is not be responsible for the correctness of the computation of the amount of any contribution made or to be made by the Companya Participating Employer. The Trustee may, but will not be required to, accept contributions of property. (c) If Participating Employer contributions paid to the Trustee would in turn be paid by the Trustee pursuant to directions of the Committee to an Investment Manager or to an insurance company that has issued an insurance contract to the Trustee, such contributions may be paid directly by the Participating Employers to the Investment Manager or the insurance company and will be treated as if paid to the Trustee and then disbursed from the Trust Fund to the Investment Manager or insurance company pursuant to directions of the Committee. (d) The Trustee will make payments and disbursements from the Trust Fund to or on the order of the Administrative Committee, including, when the Committee will so order, distributions to Participants or their Beneficiaries as provided in the Plan. Orders of the Administrative Committee with respect to disbursements from the Trust Fund will specify the application to be made of such funds, and the Trustee may (to the extent permitted by law) rely on the Administrative Committee’s 's instructions regarding disbursements from the Trust Fund. (de) Subject to the provisions of Section 7.2(b8.2(c), the Trustee has the duty to will comply with any directive issued by the Administrative Committee to withdraw and transfer all or any part of the Trust Fund to another trustee or another successor funding agent. (e) With respect to all Employer Stock held in the Trust Fund, the Trustee has the duty to (i) vote such shares on any matter presented to stockholders for a vote in accordance with the provisions of Section 4.3; (ii) decide whether to give general or special proxies or powers of attorney with or without power of substitution with respect to such shares; (iii) decide whether to exercise any conversion privileges, subscription rights or other options and to make any payments incidental thereto; (iv) decide whether to consent to or otherwise participate in corporate reorganizations or other changes affecting such shares that are not presented to stockholders for a vote; (v) decide whether to exercise rights of appraisal and similar rights and make decisions with respect to choice of consideration relating thereto and to pay any assessments or charges in connection therewith; (vi) decide whether to tender such shares in the event of a tender offer in accordance with the provisions of Section 4.4; and (vii) maintain the confidentiality of information with respect to the exercise by Participants of voting, tender and similar rights with respect to the Employer Stock pursuant to procedures that comply with 29 C.F.R. § 2550.404c-l(d)(4)(vii). (f) The Trustee, after consultation with Trustee will use ordinary care and reasonable diligence in the Administrative Committee, will prepare exercise of its powers and the necessary documents associated with the voting performance of its duties and tendering of Employer Stock. The Company will pay for all printing, mailing, tabulation and other costs associated with the voting and tendering of Employer Stockobligations under this Trust Agreement.

General Duties and Obligations. (a) Subject to Section 2.8, the Trustee has the duty to hold all property received by it and any income and gains thereupon, to manage, invest and reinvest the Trust Fund, to collect the income therefrom, and to make payments as provided in this Trust Agreement. (b) The Trustee is responsible only for money or assets that it actually receives. The Trustee has no duty to compute amounts to be paid to it by the Company or to enforce collection of any contribution due from the Company. The Trustee will not be responsible for the correctness of the computation of the amount of any contribution made or to be made by the Company. (c) The Trustee will make payments and disbursements from the Trust Fund to or on the order of the Administrative Committee. Orders of the Administrative Committee with respect to disbursements from the Trust Fund will specify the application to be made of such funds, and the Trustee may rely on the Administrative Committee’s 's instructions regarding disbursements from the Trust Fund. (d) Subject to the provisions of Section 7.2(b4.2(b), the Trustee has the duty to comply with any directive issued by the Administrative Committee to withdraw and transfer all or any part of the Trust Fund to another trustee or another successor funding agent. (e) With respect to all Employer Stock held in the Trust Fund, the Trustee has the duty to (i) vote such shares on any matter presented to stockholders for a vote in accordance with the provisions of Section 4.35.3; (ii) decide whether to give general or special proxies or powers of attorney with or without power of substitution with respect to such shares; (iii) decide whether to exercise any conversion privileges, subscription rights or other options and to make any payments incidental thereto; (iv) decide whether to consent to or otherwise participate in corporate reorganizations or other changes affecting such shares that are not presented to stockholders for a vote; (v) decide whether to exercise rights of appraisal and similar rights and make decisions with respect to choice of consideration relating thereto and to pay any assessments or charges in connection therewith; (vi) decide whether to tender such shares in the event of a tender offer in accordance with the provisions of Section 4.45.4; and (vii) maintain the confidentiality of information with respect to the exercise by Participants of voting, tender and similar rights with respect to the Employer Stock pursuant to procedures that comply with 29 C.F.R. § 2550.404c-l(d)(4)(vii§2550.404c-1(d)(4)(vii). (f) The Trustee, after consultation with the Administrative Committee, will prepare the necessary documents associated with the voting and tendering of Employer Stock. The Company will pay for all printing, mailing, tabulation and other costs associated with the voting and tendering of Employer Stock.