Common use of Liability of the Trustee Clause in Contracts

Liability of the Trustee. In reference to the liabilities and responsibilities of the Trustee: (a) The Trustee shall have no powers, duties or responsibilities with regard to the administration of the Plan or to determine the rights or benefits of any person having or claiming an interest under the Plan or in the Trust Fund or under this Trust Agreement or to examine or control any disposition of the Trust Fund or part thereof which is properly directed by the Administrator. (b) The Trustee shall have no liability for the adequacy or contributions for the purposes of the Plan or for enforcement of the payment thereof. (c) The Trustee shall have no liability for the acts or omissions of the Employer or the Administrator. (d) The Trustee shall have no liability for following proper directions of a named fiduciary when such directions are made in accordance with this Trust Agreement and the Plan and are not contrary to Title I of ERISA. (e) During such period or periods, of time, if any, as any named fiduciary is directing the investment and management of Trust assets, the Trustee shall have no obligation to determine the existence of any conversion, redemption, exchange, subscription or other right relating to any securities purchased on the directions of such named fiduciary if notice of any such right was given prior to the purchase of such securities. If such notice is given after the purchase of such securities, the Trustee shall notify such named fiduciary thereof. The Trustee shall have no obligation to exercise any such right unless it is informed of the existence of the right and is instructed to exercise such right, in writing, by the named fiduciary in question within a reasonable time prior to the expiration of such right. (f) During such period or periods of time, if any, as a named fiduciary is directing the investment and management of Trust assets, if such named fiduciary directs the Trustee to purchase securities issued by any foreign government or agency thereof, or by any corporation domiciled outside of the United States, it shall be the responsibility of the named fiduciary to advise the Trustee in writing with respect to any laws or regulations of any foreign countries or any United States territories or possessions which shall apply, in any manner whatsoever, to such securities, including, but not limited to, receipt of dividends or interest by the Trustee for such securities. (g) If by reason of any action or failure to act by any Employer and without the knowledge of the Trustee, the Trust or a portion thereof, ceases to be a tax-exempt trust pursuant to a qualified plan under Sections 401 and 501 of the Internal Revenue Code, the Employer involved shall indemnify the Trustee for any federal estate taxes which the Trustee is required to pay as a result of a distribution thereafter made at the direction of the Administrator under subsection 1.4(j) (i) to a Beneficiary in which event the Employer shall be subrogated to the right of the Trustee to proceed against such Beneficiary, the executor of the estate of the deceased Participant or any other person for reimbursement of the amount paid.

Liability of the Trustee. In reference to the liabilities and responsibilities of the Trustee: (a) The Trustee is not a party to the Plan and shall have no powers, duties or responsibilities with regard to the administration of the Plan or to determine the rights or benefits of any person having or claiming an interest under the Plan or in the Trust Fund or under this Trust Agreement or to examine or control any disposition of the Trust Fund or part thereof which is properly directed by the Administrator. (b) The Trustee shall have no liability for the adequacy or timeliness of contributions for the purposes of the Plan or for enforcement of the payment thereof. (c) The Trustee shall have no liability for the acts or omissions of the Employer or Employer, the Administrator, a Participant or Beneficiary, or any Investment Manager, QPAM or Authorized Representative. (d) The Trustee shall have no liability for following proper directions of a named fiduciary when such directions are made in accordance with this any party given authority to direct the Trustee pursuant to the Trust Agreement and the Plan and are not contrary to Title I of ERISAor designated as an Authorized Representative. (e) During such period or periods, periods of time, if any, as any named fiduciary a Directing Party is directing the investment and management of Trust assetsAssets, the Trustee shall have no obligation to determine the existence of any conversion, redemption, exchange, subscription or other right relating to any securities purchased on the directions of such named fiduciary a Directing Party, if notice of any such right was given prior to the purchase of such securities. If such notice is given received by the Trustee after the purchase of such securities, the Trustee shall notify such named fiduciary thereofthe Directing Party. The Trustee shall have no obligation to exercise any such right unless it is informed of the existence of the right and is instructed to exercise such right, in writing, by the named fiduciary in question Directing Party within a reasonable time prior to the expiration of such right. (f) During such period or periods of time, if any, as If a named fiduciary is directing the investment and management of Trust assets, if such named fiduciary Directing Party directs the Trustee to purchase securities issued by any foreign government or agency thereof, or by any corporation domiciled outside of the United States, it shall be the responsibility of the named fiduciary such Directing Party to advise the Trustee in writing with respect to any laws or regulations of any foreign countries or any United States territories or possessions which shall apply, in any manner whatsoever, to such securities, including, but not limited to, receipt of dividends or interest or reclamation of foreign taxes by the Trustee for such securities. (g) . If by reason of any action or failure the Trustee is directed not to act by any Employer and without the knowledge of the Trusteereclaim foreign taxes, the Trust Trustee shall have no responsibility to reclaim any such taxes. Any expenses, costs or a portion thereof, ceases to be a tax-exempt trust pursuant to a qualified plan under Sections 401 and 501 of the Internal Revenue Code, the Employer involved shall indemnify extraordinary fees incurred by the Trustee for any federal estate the reclamation of foreign taxes which the Trustee is required to pay as a result of a distribution thereafter made at the direction of the Administrator under subsection 1.4(j) (i) to a Beneficiary in which event the Employer shall be subrogated charged to the right of the Trustee to proceed against such Beneficiary, the executor of the estate of the deceased Participant or any other person for reimbursement of the amount paidTrust.

Liability of the Trustee. In reference to the liabilities and responsibilities of the Trustee: (a) The Trustee shall have no powers, duties or responsibilities with regard to the administration of the Plan or to determine the rights or benefits of any person having or claiming an interest Interest under the Plan or in the Trust Fund or under this Trust Agreement or to examine or control any disposition of the Trust Fund trust or part thereof which is properly directed by the Administrator. (b) The Trustee shall have no liability for the adequacy or timeliness of contributions for the purposes of the Plan or for enforcement of the payment thereof. (c) The Trustee shall have no liability for the acts or omissions of the Employer or Employer, the Administrator, a Participant or Beneficiary, or any Investment Manager or Authorized Representative. (d) The Trustee shall have no liability for following proper directions of a named fiduciary when such directions are made in accordance with this any party given authority to direct the Trustee pursuant to the Trust Agreement and the Plan and are not contrary to Title I of ERISAor designated as an Authorized Representative. (e) During such period or periods, periods of time, if any, as any named fiduciary a Directing Party is directing the investment and management of Trust assetsAssets, the Trustee shall have no obligation to determine the existence of any conversion, redemption, exchange, subscription or other right relating to any securities purchased on the directions of such named fiduciary a Directing Party, if notice of any such right was given prior to the purchase of such securities. If such notice is given received by the Trustee after the purchase of such securities, the Trustee shall notify such named fiduciary thereofthe Directing Party. The Trustee shall have no obligation to exercise any such right unless it is informed of the existence of the right and is instructed to exercise such right, in writing, by the named fiduciary in question Directing Party within a reasonable time prior to the expiration of such right. (f) During such period or periods of time, if any, as If a named fiduciary is directing the investment and management of Trust assets, if such named fiduciary Directing Party directs the Trustee to purchase securities issued by any foreign government or agency thereof, or by any corporation domiciled outside of the United States, it shall be the responsibility of the named fiduciary such Directing Party to advise the Trustee in writing with respect to any laws or regulations of any foreign countries or any United States territories or possessions which shall apply, in any manner whatsoever, to such securities, including, but not limited to, receipt of dividends or interest or reclamation of foreign taxes by the Trustee for such securities. (g) . If by reason of any action or failure the Trustee is directed not to act by any Employer and without the knowledge of the Trusteereclaim foreign taxes, the Trust Trustee shall have no responsibility to reclaim any such taxes. Any expenses, costs or a portion thereof, ceases to be a tax-exempt trust pursuant to a qualified plan under Sections 401 and 501 of the Internal Revenue Code, the Employer involved shall indemnify extraordinary fees incurred by the Trustee for any federal estate the reclamation of foreign taxes which the Trustee is required to pay as a result of a distribution thereafter made at the direction of the Administrator under subsection 1.4(j) (i) to a Beneficiary in which event the Employer shall be subrogated charged to the right of the Trustee to proceed against such Beneficiary, the executor of the estate of the deceased Participant or any other person for reimbursement of the amount paidTrust.

Liability of the Trustee. In reference to the liabilities and responsibilities of the Trustee: (a) The Trustee shall have no powers, duties or responsibilities with regard to the administration of the Plan or to determine the rights or benefits of any person having or claiming an interest under the Plan or in the Trust Fund or under this Trust Agreement or to examine or control any disposition of the Trust Fund or part thereof which is properly directed by the Employer or Administrator. (b) The Trustee shall have no liability for the adequacy or of contributions for the purposes of the Plan or for collection or enforcement of the payment thereof. (c) The Trustee shall have no liability for the acts or omissions of the Employer or the AdministratorAdministrator or the Participant or Beneficiary, nor any Investment Manager or QPAM. (d) The Trustee shall have no liability for following proper directions of a named fiduciary or Participant when such directions are made in accordance with this Trust Agreement and the Plan and are not contrary to Title I of ERISA. (e) During such period or periods, periods of time, if any, as any named fiduciary or Participant is directing the investment and management of Trust assets, the Trustee shall have no obligation to determine the existence of any conversion, redemption, exchange, subscription or other right relating to any securities purchased on the directions of such named fiduciary or participant if notice of any such right was given prior to the purchase of such securities. If such notice is given after the purchase of such securities, the Trustee shall notify such named fiduciary or Participant thereof. The Trustee shall have no obligation to exercise any such right unless it is informed of the existence of the right and is instructed to exercise such right, in writing, by the named fiduciary or Participant in question within a reasonable time prior to the expiration of such right. (f) During such period or periods of time, if any, as a named fiduciary or Participant is directing the investment and management of Trust assets, if such named fiduciary or Participant directs the Trustee to purchase securities issued by any foreign government or agency thereof, or by any corporation domiciled outside of the United States, it shall be the responsibility of the named fiduciary or Participant to advise the Trustee in writing with respect to any laws or regulations of any foreign countries or any United States territories or possessions which shall apply, in any manner whatsoever, to such securities, includinginducing, but not limited to, receipt and taxation of dividends or interest by the Trustee for such securities. (g) If by reason of any action or failure to act by any Employer and without the knowledge of the Trustee, the Trust or a portion thereof, ceases to be a tax-exempt trust pursuant to a qualified plan under Sections 401 and 501 of the Internal Revenue Code, the Employer involved shall indemnify the Trustee for any federal estate taxes which the Trustee is required to pay as a result of a distribution thereafter made at the direction of the Administrator under subsection 1.4(j) (i) to a Beneficiary in which event the Employer shall be subrogated to the right of the Trustee to proceed against such Beneficiary, the executor of the estate of the deceased Participant or any other person for reimbursement of the amount paid.the

Liability of the Trustee. In reference to the liabilities and responsibilities of the Trustee: (a) The Trustee shall have no powers, duties or responsibilities with regard to the administration of the Plan Plans or to determine the rights or benefits of any person having or claiming an interest under the Plan Plans or in the Trust Fund or under this Trust Agreement or to examine or control any disposition of the Trust Fund or part thereof which is properly directed by the AdministratorEmployer, as applicable. (b) The Trustee shall have no liability for the adequacy or of contributions for the purposes of the Plan Plans or for enforcement of the payment thereof. (c) The Trustee shall have no liability for the acts or omissions of the Employer or the AdministratorFiduciaries. (d) The Trustee shall have no liability for following proper directions of a named fiduciary Employer or Employer's designated Fiduciaries, or any Participant when such directions are made in accordance with this Trust Agreement and the Plan and are not contrary to Title I of ERISAPlans. (e) During such period or periods, periods of time, if any, as any named fiduciary Employer or Investment Manager (collectively, "Fiduciary") is directing the investment and management of Trust assets, the Trustee shall have no obligation to determine the existence of any conversion, redemption, exchange, subscription or other right relating to any securities purchased on the directions of such named fiduciary Fiduciary if notice of any such right was given prior to the purchase of such securities. If such notice is given after the purchase of such securities, the Trustee shall notify such named fiduciary thereofFiduciary. The Trustee shall have no obligation to exercise any such right unless it is informed of the existence of the right and is instructed to exercise such right, in writing, by the named fiduciary in question Fiduciary within a reasonable time prior to the expiration of such right. (f) During such period or periods of time, if any, as a named fiduciary Fiduciary is directing the investment and management of Trust assets, if such named fiduciary Fiduciary directs the Trustee to purchase securities issued by any foreign government or agency thereof, or by any corporation domiciled outside of the United States, it shall be the responsibility of the named fiduciary Fiduciary to advise the Trustee in writing with respect to any laws or regulations of any foreign countries or any United States territories or possessions which shall apply, in any manner whatsoever, to such securities, including, but not limited to, receipt of dividends or interest by the Trustee for such securities. (g) If by reason of any action or failure to act by any Employer and without the knowledge of the Trustee, the Trust or a portion thereof, ceases to be a tax-exempt trust pursuant to a qualified plan under Sections 401 and 501 of the Internal Revenue Code, the Employer involved shall indemnify the Trustee for any federal estate taxes which the Trustee is required to pay as a result of a distribution thereafter made at the direction of the Administrator under subsection 1.4(j) (i) to a Beneficiary in which event the Employer shall be subrogated to the right of the Trustee to proceed against such Beneficiary, the executor of the estate of the deceased Participant or any other person for reimbursement of the amount paid.