Common use of Investment Activities and Powers Clause in Contracts

Investment Activities and Powers. Subject to the supervision of the Board of Trustees, and consistent with Section 4.1(c), the investment criteria set forth in Exhibit E and in the Investment Policies, the Program Administrator shall perform the following services: (a) advise the Board of Trustees concerning investments which appear to the Program Administrator to be advantageous to the Participants within the investment criteria set forth in Exhibit E and within all applicable law, provided, however, the Board of Trustees shall have the duty to inform the Program Administrator of any changes to the Act; (b) implement or cause to be implemented securities transactions for the Trust on behalf of the Board of Trustees and the Participants as permitted by the investment criteria set forth in Exhibit E (including, without limitation, by executing or causing to be executed on behalf of and as an agent of the Trust agreements and other documents containing representations, warranties and covenants that are common or standard for such agreements and documents within the investment industry) or, despite the intention of the parties hereto to always have the Investment Property fully invested, cause the Custodian to hold the Investment Property uninvested in a custodial account maintained for the benefit of the Trust; (c) from time to time, review the permitted investments and the investment criteria set forth in Exhibit E and, if circumstances and applicable law permit, recommend changes in such permitted investments and such investment criteria; (d) provide such advice and information to the Participants and the Board of Trustees on matters related to investments as the Participants or the Board of Trustees may reasonably request, including, without limitation, research and statistical data concerning the Investment Property and other matters within the scope of the permitted investments and investment criteria set forth in Exhibit E; (e) advise whether and in what manner all rights conferred by the Investment Property should be exercised; (f) prepare such information and material as may be required in the implementation of the Valuation Procedures or the computation of the Balances and the preparation of any and all records and reports required by this Agreement or applicable laws; and (g) employ, consult with, obtain advice from and exercise any of the Program Administrator’s rights or powers under this Agreement through the use of agents, including investment advisors, brokers, dealers, auditors and legal counsel (who may be counsel to the Program Administrator or the Board of Trustees) or other advisors. Notwithstanding Section

Investment Activities and Powers. Subject to the supervision of the Board of Trustees, and consistent with Section 4.1(c), the investment criteria set forth in Exhibit E and in the Investment Policies, the Program The Administrator shall perform the following services: (a) advise the Board of Trustees concerning investments which appear to the Program Administrator to be advantageous to the Participants within the on any material changes in investment criteria set forth in Exhibit E and within all applicable law, provided, however, the Board of Trustees shall have the duty to inform the Program Administrator of any changes to the Actstrategies based upon current market conditions; (b) implement or cause to be implemented enter into securities transactions for with respect to the Trust on behalf of Investment Property (to the Board of Trustees and the Participants as extent permitted by the investment criteria established by the Board as set forth in Exhibit E (including, without limitation, the Investment Policy and all applicable law) by executing or causing to be executed on behalf of and as an agent of the Trust entering into agreements and executing other documents relating to such transactions containing representations, warranties and covenants that are provisions common or standard for such agreements and documents within in the investment securities industry) or, despite the intention of the parties hereto to always have the Investment Property fully invested, cause the Custodian to hold the Investment Property uninvested in a custodial account maintained for the benefit of the Trust; (c) from time to time-to-time, review the permitted investments Permitted Investments and the investment criteria set forth in Exhibit E the Investment Policy and, if circumstances and applicable law permit, recommend changes in such permitted investments Permitted Investments and such investment criteria; (d) provide such advice and information to the Participants and the Board of Trustees on matters related to investments as the Participants or the Board of Trustees may reasonably request, request including, without limitation, research and statistical data concerning the Investment Property and other matters within the scope of the permitted investments and investment criteria set forth in Exhibit E; (e) advise Property, whether and in what manner all rights conferred by the Investment Property should may be exercised, and other matters within the scope of the investment criteria set forth in the Investment Policy; (fe) prepare such information and material as may be required in the implementation of the Valuation Procedures or the computation of the Balances and the preparation of any and all records and reports required by this Interlocal Agreement or applicable laws; (f) issue instructions to the Custodian as provided in this Interlocal Agreement; and (g) employ, consult with, obtain advice from from, and exercise any of the Program Administrator’s 's rights or powers under this Interlocal Agreement through the use of agentssuitable agents including auditors, including investment advisors, brokers, dealers, auditors and legal counsel (who may be counsel to the Program Administrator or and/or the Board of Trustees) or Board), investment advisers, brokers, dealers, and/or other advisorsadvisers. Notwithstanding SectionSection 11.8 hereof, the Administrator may transmit information concerning the Investment Property and the Participants to such agents.

Investment Activities and Powers. Subject to the supervision of the Board of Trustees, and consistent with Section 4.1(c), the investment criteria set forth in Exhibit E and in the Investment Policies, the Program The Administrator shall perform the following services: (a) advise the Board of Trustees concerning investments which appear to the Program Administrator to be advantageous to the Participants within the on any material changes in investment criteria set forth in Exhibit E and within all applicable law, provided, however, the Board of Trustees shall have the duty to inform the Program Administrator of any changes to the Actstrategies based upon current market conditions; (b) implement or cause to be implemented enter into securities transactions for with respect to the Trust on behalf of Investment Property (to the Board of Trustees and the Participants as extent permitted by the investment criteria established by the Board as set forth in Exhibit E (including, without limitation, the Investment Policy and all applicable law) by executing or causing to be executed on behalf of and as an agent of the Trust entering into agreements and executing other documents relating to such transactions containing representations, warranties and covenants that are provisions common or standard for such agreements and documents within in the investment securities industry) or, despite the intention of the parties hereto to always have the Investment Property fully invested, cause the Custodian to hold the Investment Property uninvested in a custodial account maintained for the benefit of the Trust; (c) from time to time, review the permitted investments Permitted Investments and the investment criteria set forth in Exhibit E the Investment Policy and, if circumstances and applicable law permit, recommend changes in such permitted investments Permitted Investments and such investment criteria; (d) provide such advice and information to the Participants and the Board of Trustees on matters related to investments as the Participants or the Board of Trustees may reasonably request, including, without limitation, research and statistical data concerning the Investment Property and other matters within the scope of the permitted investments and investment criteria set forth in Exhibit E; (e) advise Property, whether and in what manner all rights conferred by the Investment Property should may be exercised, and other matters within the scope of the investment criteria set forth in the Investment Policy; (fe) prepare such information and material as may be required in the implementation of the Valuation Procedures or the computation of the Balances and the preparation of any and all records and reports required by this Interlocal Agreement or applicable laws; (f) issue instructions to the Custodian as provided in this Interlocal Agreement; and (g) employ, consult with, obtain advice from from, and exercise any of the Program Administrator’s 's rights or powers under this Interlocal Agreement through the use of suitable agents, including investment advisorsauditors, brokers, dealers, auditors and legal counsel (who may be counsel to the Program Administrator or and/or the Board of Trustees) Board), investment advisers, brokers, dealers or other advisorsadvisers. Notwithstanding SectionSection 11.8 hereof, the Administrator may transmit information concerning the Investment Property and the Participants to such agents.