Common use of General Powers and Duties Clause in Contracts

General Powers and Duties. The Plan Administrator has the following general powers and duties which are in addition to those the Plan otherwise accords to the Plan Administrator: (a) To determine the rights of eligibility of an Employee to participate in the Plan, all factual questions that arise in the course of administering the Plan, the value of a Participant’s Account Balance (based on the value of the Trust assets, as determined by the Trustee) and the Vested percentage of each Participant’s Account Balance; (b) To adopt rules of procedure and regulations necessary for the proper and efficient administration of the Plan, provided the rules are not inconsistent with the terms of the Plan, the Code, ERISA or other applicable law; (c) To construe and enforce the terms of the Plan and the rules and regulations the Plan Administrator adopts, including interpretation of the basic plan document, the Adoption Agreement and any document related to the Plan’s operation; (d) To direct the Trustee regarding the crediting and distribution of the Trust Fund and to direct the Trustee to conduct interim valuations under Section 10.15; (e) To review and render decisions regarding a claim for (or denial of a claim for) a benefit under the Plan; (f) To furnish the Employer with information which the Employer may require for tax or other purposes; (g) To engage the service of agents whom the Plan Administrator may deem advisable to assist it with the performance of its duties; (h) To engage the services of an Investment Manager or Managers (as defined in ERISA §3(38)), each of whom will have full power and authority to manage, acquire or dispose (or direct the Trustee with respect to acquisition or disposition) of any Plan asset under such Manager’s control; (i) To make any other determinations and undertake any other actions the Plan Administrator believes are necessary or appropriate for the administration of the Plan; and (j) To establish and maintain a funding standard account and to make credits and charges to the account to the extent required by and in accordance with the provisions of the Code. The Plan Administrator must exercise all of its powers, duties and discretion under the Plan in a uniform and nondiscriminatory manner. The Plan Administrator shall have total and complete discretion to interpret and construe the Plan and to determine all questions arising in the administration, interpretation and application of the Plan. Any determination the Plan Administrator makes under the Plan is final and binding upon any affected person.

General Powers and Duties. The Plan Administrator has the following general powers and duties which are in addition to those the Plan otherwise accords to the Plan Administrator: (a) To determine the rights of eligibility of an Employee to participate in the Plan, all factual questions that arise in the course of administering the Plan, the value of a Participant’s 's Account Balance (based on the value of the Trust assets, as determined by the Trustee) and the Vested percentage of each Participant’s 's Account Balance; (b) To adopt rules of procedure and regulations necessary for the proper and efficient administration of the Plan, provided the rules are not inconsistent with the terms of the Plan, the Code, ERISA or other applicable law; (c) To construe and enforce the terms of the Plan and the rules and regulations the Plan Administrator adopts, including interpretation of the basic plan document, the Adoption Agreement and any document related to the Plan’s 's operation; (d) To direct the Trustee regarding the crediting and distribution of the Trust Fund and to direct the Trustee to conduct interim valuations under Section 10.15; (e) To review and render decisions regarding a claim for (or denial of a claim for) a benefit under the Plan; (f) To furnish the Employer with information which the Employer may require for tax or other purposes; (g) To engage the service of agents whom the Plan Administrator may deem advisable to assist it with the performance of its duties; (h) To engage the services of an Investment Manager or Managers (as defined in ERISA §3(38ss.3(38)), each of whom will have full power and authority to manage, acquire or dispose (or direct the Trustee with respect to acquisition or disposition) of any Plan asset under such Manager’s 's control; (i) To make any other determinations and undertake any other actions the Plan Administrator believes are necessary or appropriate for the administration of the Plan; and (j) To establish and maintain a funding standard account and to make credits and charges to the account to the extent required by and in accordance with the provisions of the Code. The Plan Administrator must exercise all of its powers, duties and discretion under the Plan in a uniform and nondiscriminatory manner. The Plan Administrator shall have total and complete discretion to interpret and construe the Plan and to determine all questions arising in the administration, interpretation and application of the Plan. Any determination the Plan Administrator makes under the Plan is final and binding upon any affected person.

General Powers and Duties. The Plan Administrator has Subject to written directions from the Company regarding the investment of Trust assets, Trustee, on behalf of Trust Beneficiaries, shall have all powers necessary to administer the Trust, including, but not by way of limitation, the following general powers and duties which are in addition to those the Plan otherwise accords to the Plan Administratorother powers as are set forthherein or conferred by law: (a) To determine hold, invest and reinvest the rights of eligibility of an Employee to participate in the Plan, all factual questions that arise in the course of administering the Plan, the value of a Participant’s Account Balance (based on the value principal or income of the Trust assetsin bonds, as determined common or preferred stock, other securities, or other personal, real or mixed tangible or intangible property (including investment in deposits withTrustee which bear a reasonable interest rate, including without limitation investments in trust savings accounts, certificates of deposit, time certificates or similar investments or deposits maintained by the Trustee) and the Vested percentage of each Participant’s Account Balance); (b) To adopt rules of procedure hold, invest and regulations necessary for reinvest the proper and efficient administration principal or income of the PlanTrust in the Policies, provided direct investments under the rules are not inconsistent Policies and take any other action regarding the Policies, as specifically directed by the Company, including those specified by Sections 3.1(b) or 3.2(c) and enter into split-dollar life insurance agreements with Trust Beneficiaries pursuant to which each Trust Beneficiary designates the terms beneficiary to receive a portion of the Plan, the Code, ERISA or other applicable lawdeath benefits; (c) To construe and enforce If directed by the terms of the Plan and the rules and regulations the Plan Administrator adopts, including interpretation of the basic plan document, the Adoption Agreement and any document related Company or Company to the Plan’s operationdiscontinue a Policy; (d) To direct pay and provide for the Trustee regarding payment of all reasonable and necessary expenses of administering the crediting and distribution affairs of the Trust Fund and Trust, subject to direct reimbursement of such expenses within 30 days by the Trustee to conduct interim valuations under Company in accordance with Section 10.154.4; (e) To review pay and render decisions regarding a claim provide for (or denial the payment of a claim for) a benefit under all benefits to Trust Beneficiaries in accordance with the Planprovisions of this Trust Agreement; (f) To furnish retain noninterest bearing deposits or a cash balance with Trustee of so much of the Employer with information which the Employer funds as may require for tax be determined to be temporarily held awaiting investment or other purposespayment of benefits or expenses; (g) To engage compromise, arbitrate or otherwise adjust claims in favor of or against the service of agents whom the Plan Administrator may deem advisable Trust and to assist it with the performance of its dutiesinstitute, compromise and defend actions and proceedings; (h) To engage vote any stock, bonds or other securities of any corporation or other issuer at any time held in the services Trust; to otherwise consent to or request any action on the part of an Investment Manager any such corporation or Managers (as defined other issuer; to give generalor special proxies or powers of attorney, with or without power of substitution; to participate in ERISA §3(38))any reorganization, each of whom will have full power and authority to managerecapitalization, acquire consolidation, merger or dispose (or direct the Trustee similar transaction with respect to acquisition such stocks, bonds or disposition) other securities and to deposit such stocks, bonds or other securities in any voting trust, or with any protective or like committee, or with a trustee, or with the depositaries designated thereby; to exercise any subscription rights and conversion privileges; and to generally exercise any of any Plan asset under such Manager’s control;the powers of an owner with respect to the stocks, bonds or other securities or properties in the Trust; and (i) To make any other determinations Generally, to do all such acts, execute all such instruments, take all such proceedings, and undertake any other actions the Plan Administrator believes are necessary or appropriate for the administration of the Plan; and (j) To establish exercise all such rights and maintain a funding standard account and to make credits and charges privileges with relation to the account to property constituting the extent required by and in accordance with Trust as if Trustee were the provisions of the Code. The Plan Administrator must exercise all of its powers, duties and discretion under the Plan in a uniform and nondiscriminatory manner. The Plan Administrator shall have total and complete discretion to interpret and construe the Plan and to determine all questions arising in the administration, interpretation and application of the Plan. Any determination the Plan Administrator makes under the Plan is final and binding upon any affected personabsolute owner thereof.

General Powers and Duties. The Plan Administrator has the following general powers and duties which are in addition to those the Plan otherwise accords to the Plan Administrator: (a) To determine the rights of eligibility of an Employee to participate in the Plan, all factual questions that arise in the course of administering the Plan, the value of a Participant’s 's Account Balance (based on the value of the Trust assets, as determined by the Trustee) and the Vested percentage of each Participant’s 's Account Balance; (b) To adopt rules of procedure and regulations necessary for the proper and efficient administration of the Plan, provided the rules are not inconsistent with the terms of the Plan, the Code, ERISA or other applicable law; (c) To construe and enforce the terms of the Plan and the rules and regulations the Plan Administrator adopts, including interpretation of the basic plan document, the Adoption Agreement and any document related to the Plan’s 's operation; (d) To direct the Trustee regarding the crediting and distribution of the Trust Fund and to direct the Trustee to conduct interim valuations under Section 10.15; (e) To review and render decisions regarding a claim for (or denial of a claim for) a benefit under the Plan; (f) To furnish the Employer with information which the Employer may require for tax or other purposes; (g) To engage the service of agents whom the Plan Administrator may deem advisable to assist it with the performance of its duties; (h) To engage the services of an Investment Manager or Managers (as defined in ERISA §3(38)), each of whom will have full power and authority to manage, acquire or dispose (or direct the Trustee with respect to acquisition or disposition) of any Plan asset under such Manager’s 's control; (i) To make any other determinations and undertake any other actions the Plan Administrator believes are necessary or appropriate for the administration of the Plan; and (j) To establish and maintain a funding standard account and to make credits and charges to the account to the extent required by and in accordance with the provisions of the Code. The Plan Administrator must exercise all of its powers, duties and discretion under the Plan in a uniform and nondiscriminatory manner. The Plan Administrator shall have total and complete discretion to interpret and construe the Plan and to determine all questions arising in the administration, interpretation and application of the Plan. Any determination the Plan Administrator makes under the Plan is final and binding upon any affected person.

General Powers and Duties. The Plan Administrator has the following ------------------------- general powers and duties which are in addition to those the Plan otherwise accords to the Plan Administrator: (a) To determine the rights of eligibility of an Employee to participate in the Plan, all factual questions that arise in the course of administering the Plan, the value of a Participant’s 's Account Balance (based on the value of the Trust assets, as determined by the Trustee) and the Vested percentage of each Participant’s 's Account Balance; (b) To adopt rules of procedure and regulations necessary for the proper and efficient administration of the Plan, provided the rules are not inconsistent with the terms of the Plan, the Code, ERISA or other applicable law; (c) To construe and enforce the terms of the Plan and the rules and regulations the Plan Administrator adopts, including interpretation of the basic plan document, the Adoption Agreement and any document related to the Plan’s 's operation; (d) To direct the Trustee regarding the crediting and distribution of the Trust Fund and to direct the Trustee to conduct interim valuations under Section 10.15; (e) To review and render decisions regarding a claim for (or denial of a claim for) a benefit under the Plan; (f) To furnish the Employer with information which the Employer may require for tax or other purposes; (g) To engage the service of agents whom the Plan Administrator may deem advisable to assist it with the performance of its duties; (h) To engage the services of an Investment Manager or Managers (as defined in ERISA §3(38(S)3(38)), each of whom will have full power and authority to manage, acquire or dispose (or direct the Trustee with respect to acquisition or disposition) of any Plan asset under such Manager’s 's control; (i) To make any other determinations and undertake any other actions the Plan Administrator believes are necessary or appropriate for the administration of the Plan; and (j) To establish and maintain a funding standard account and to make credits and charges to the account to the extent required by and in accordance with the provisions of the Code. The Plan Administrator must exercise all of its powers, duties and discretion under the Plan in a uniform and nondiscriminatory manner. The Plan Administrator shall have total and complete discretion to interpret and construe the Plan and to determine all questions arising in the administration, interpretation and application of the Plan. Any determination the Plan Administrator makes under the Plan is final and binding upon any affected person.