Legal Action by Trustee; Indemnification. The Trustee may maintain any legal action to protect or collect the proceeds of the Trust Assets without first receiving written instructions to do so from the District and shall be entitled to charge any and all costs and expenses (including reasonable attorney’s fees) to the Trust. The Trustee is not obligated to institute or to become a party to any legal action involving the post-employment benefit plans maintained by the District, or the payment of Benefits on behalf of Plan participants, unless the Trustee is indemnified to Trustee’s satisfaction for any reasonable fees and expenses incurred in connection with the litigation. The cost of any such litigation to which the Trustee is a party shall be an expense reimbursable from Trust Assets; provided, however, that to the extent the Trustee has engaged in misconduct, negligence, gross negligence or other malfeasance, the expense shall not be reimbursable from the Trust Assets.
