INDEMNITY OF CERTAIN FIDUCIARIES. The Employer indemnifies and saves harmless the Plan Administrator and the members of the Advisory Committee, and each of them, from and against any and all loss resulting from liability to which the Plan Administrator and the Advisory Committee, or the members of the Advisory Committee, may be subjected by reason of any act or conduct (except willful misconduct or gross negligence) in their official capacities in the administration of this Trust or Plan or both, including all expenses reasonably incurred in their defense, in case the Employer fails to provide such defense. The indemnification provisions of this Section 7.03 do not relieve the Plan Administrator or any Advisory Committee member from any liability he may have under ERISA for breach of a fiduciary duty. Furthermore, the Plan Administrator and the Advisory Committee members and the Employer may execute a letter agreement further delineating the indemnification agreement of this Section 7.03, provided the letter agreement must be consistent with and does not violate ERISA. The indemnification provisions of this Section 7.03 extend to the Trustee (or to a Custodian, if any) solely to the extent provided by a letter agreement executed by the Trustee (or Custodian) and the Employer.
INDEMNITY OF CERTAIN FIDUCIARIES. 7.01 7.04 Employer Direction of Investment..........................7.01 7.05 Amendment to Vesting Schedule.............................7.01
INDEMNITY OF CERTAIN FIDUCIARIES. The Employer will indemnify, defend and hold harmless the Plan Administrator from and against any and all loss resulting from liability to which the Plan Administrator may be subjected by reason of any act or omission (except willful misconduct or gross negligence) in its official capacities in the administration of this Trust or Plan or both, including attorneys' fees and all other expenses reasonably incurred in the Plan Administrator's defense, in case the Employer fails to provide such defense. The indemnification provisions of this Section 7.03 do not relieve the Plan Administrator from any liability the Plan Administrator may have under ERISA for breach of a fiduciary duty. Furthermore, the Plan Administrator and the Employer may execute a written agreement further delineating the indemnification agreement of this Section 7.03, provided the agreement is consistent with and does not violate ERISA. The indemnification provisions of this Section 7.03 extend to any Trustee, third party administrator, Custodian or other Plan service provider solely to the extent provided by a written agreement executed by such persons and the Employer.
INDEMNITY OF CERTAIN FIDUCIARIES. 7.01 7.04 Employer Direction of Investment . . . . . . . . . . . . . . 7.01 7.05 Amendment to Vesting Schedule . . . . . . . . . . . . . . . 7.01
INDEMNITY OF CERTAIN FIDUCIARIES. 30 7.04 Employer Direction of Investment ............................. 30 7.05 Evidence ..................................................... 30 7.06 Plan Contributions ........................................... 30 7.07 Employer Action .............................................. 30
INDEMNITY OF CERTAIN FIDUCIARIES. 52 7.04 EMPLOYER DIRECTION OF INVESTMENT..................................52 7.05 EVIDENCE..........................................................52 7.06
INDEMNITY OF CERTAIN FIDUCIARIES. 7.01 7.04 EMPLOYER DIRECTION OF INVESTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 7.05 AMENDMENT TO VESTING SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01
INDEMNITY OF CERTAIN FIDUCIARIES. 7.01 7.04 Employer Direction of Investment . . . . . . 7.01 7.05
INDEMNITY OF CERTAIN FIDUCIARIES. Subject to the provisions of this Section 7.03, to the full extent permitted by law, the Employer shall indemnify each past, present and future Plan Administrator, member of the Advisory Committee and Trustee (or Custodian) (hereinafter all such indemnified persons and entities shall be jointly and severally referred to as the "Indemnified Party") against, and each Indemnified Party shall be entitled without further act on his part to indemnity from the Employer for, any and all losses, liabilities, costs and expenses (including the amount of judgements, court costs, reasonable attorneys' fees, and the amount of approved settlements made with a view to the curtailment of costs of litigation, other than amounts paid to the Employer itself) incurred by such Indemnified Party in connection with or arising out of any pending, threatened or anticipated possible action, suit, or other proceeding, including any investigation that might lead to such a proceeding, in which he is or may be involved by reason of or in connection with his being or having been a Plan Administrator, member of the Advisory Committee, Trustee or Custodian, whether or not he continues to be a Plan Administrator, member of the Advisory Committee, Trustee or Custodian at the time of incurring any such losses, liabilities, costs and expenses (collectively, the "Losses"); provided, however, that such indemnity shall not include any losses, liabilities, costs and expenses incurred by such Indemnified Party (i) with respect to any matters as to which he is finally adjudged in any such action, suit or proceeding to have been guilty of gross negligence, bad faith or intentional misconduct in the performance of his duties as a Plan Administrator, member of the Advisory Committee, Trustee or Custodian, or (ii) with respect to any matter to the extent that a settlement thereof is effected in an amount in excess of the amount approved by the Employer, which approval shall not be unreasonably withheld. THE EMPLOYER'S OBLIGATION HEREUNDER TO INDEMNIFY THE INDEMNIFIED PARTY SHALL EXIST WITHOUT REGARD TO THE CAUSE OR CAUSES OF THE MATTERS FOR WHICH INDEMNITY IS OWED AND EXPRESSLY INCLUDES (BUT IS NOT LIMITED TO) THE LOSSES, DIRECTLY OR INDIRECTLY, RELATING TO, BASED UPON, ARISING OUT OF, OR RESULTING FROM ANY CONCEIVABLE OR POSSIBLE COMBINATION OF NEGLIGENCE, FAULT OR WRONG DOING, IT BEING THE EXPRESS SPECIFIC INTENT OF THE EMPLOYER TO PROVIDE THE MAXIMUM POSSIBLE INDEMNIFICATION PROTECTION HEREUNDER, BUT...
INDEMNITY OF CERTAIN FIDUCIARIES. The Employer indemnifies and saves harmless the Plan Administrator from and against any and all loss resulting from liability to which the Plan Administrator may be subjected by reason of any act or conduct (except willful misconduct or gross negligence) in its official capacities in the administration of this Trust or Plan or both, including all expenses reasonably incurred in its defense, in case the Employer fails to provide such defense. The indemnification provisions of this Section 7.03 do not relieve the Plan Administrator from any liability the Plan Administrator may have under ERISA for breach of a fiduciary duty. Furthermore, the Plan Administrator and the Employer may execute a written agreement further delineating the indemnification agreement of this Section 7.03, provided the written agreement is consistent with and does not violate ERISA. The indemnification provisions of this Section 7.03 extend to the Trustee (or to a Custodian, if any) solely to the extent provided by a written agreement executed by the Trustee (or Custodian) and the Employer.
