Common use of LIMITATION ON LIABILITY - IF INVESTMENT MANAGER Clause in Contracts

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY TRUSTEE OR --------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. The Trustee is not liable for the acts or ------------------------------- omissions of any Investment Manager the Advisory Committee may appoint, nor is the Trustee under any obligation to invest or otherwise manage any asset of the Plan which is subject to the management of a properly appointed Investment Manager. The Advisory Committee, the Trustee and any properly appointed Investment Manager may execute a letter agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. The limitation on liability described in this Section 10.15 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly appointed under Section 10.17 of the Plan. However, if a discretionary Trustee, pursuant to the delegation described in Section 10.17 of the Plan, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic review of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter agreement as a part of this Plan delineating any indemnification agreement between the parties.

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY TRUSTEE OR --------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. The Trustee ---------------------------------------------------- is not liable for the acts or ------------------------------- omissions of any Investment Manager the Advisory Committee may appoint, nor is the Trustee under any obligation to invest or otherwise manage any asset of the Plan which is subject to the management of a properly appointed Investment Manager. The Advisory Committee, the Trustee and any properly appointed Investment Manager may execute a letter agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. The limitation on liability described in this Section 10.15 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly appointed under Section 10.17 of the Plan. However, if a discretionary Trustee, pursuant to the delegation described in Section 10.17 of the Plan, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic review of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter agreement as a part of this Plan delineating any indemnification agreement between the parties.

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY TRUSTEE ------------------------------------------------------------------ OR --------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. The Trustee is not liable for the acts or ------------------------------- ---------------------------------- omissions of any Investment Manager the Advisory Committee may appoint, nor is the Trustee under any obligation to invest or otherwise manage any asset of the Plan which is subject to the management of a properly appointed Investment Manager. The Advisory Committee, the Trustee and any properly appointed Investment Manager may execute a letter agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. The limitation on liability described in this Section 10.15 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly appointed under Section 10.17 of the Plan. However, if a discretionary Trustee, pursuant to the delegation described in Section 10.17 of the Plan, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic review of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter agreement as a part of this Plan delineating any indemnification agreement between the parties.

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY TRUSTEE OR --------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. The Trustee is not liable for the acts or ------------------------------- omissions of any Investment Manager the Advisory Committee may appoint, nor is the Trustee under any obligation to invest or otherwise manage any asset of the Plan which is subject to the management of a properly appointed Investment Manager. The Advisory Committee, the Trustee and any properly appointed Investment Manager may execute a letter agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. The limitation on liability described in this Section 10.15 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly appointed under Section 10.17 of the Plan. However, if a discretionary Trustee, pursuant to the delegation described in Section 10.17 of the Plan, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic theperiodic review of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter agreement as a part of this Plan delineating any indemnification agreement between the parties.

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY TRUSTEE OR --------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. The Trustee is not liable for the acts or ------------------------------- omissions of any Investment Manager the Advisory Committee may appoint, nor is the Trustee under any obligation to invest or otherwise manage any asset of the Plan which is subject to the management of a properly appointed Investment Manager. The Advisory Committee, the Trustee and any properly appointed Investment Manager may execute a letter agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. The limitation on liability described in this Section 10.15 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly appointed under Section 10.17 of the Plan. However, if a discretionary Trustee, pursuant to the delegation described in Section 10.17 of the Plan, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic review of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter agreement as a part of this Plan delineating any indemnification agreement between the parties.

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY TRUSTEE OR --------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. The Trustee is not liable for the acts or ------------------------------- omissions of any Investment Manager the Advisory Committee Plan Administrator may appoint, nor is the Trustee under any obligation to invest or otherwise to manage any asset of the Plan Trust Fund which is subject to the management of a properly appointed Investment Manager. The Advisory CommitteePlan Administrator, the Trustee and any properly appointed Investment Manager may execute a letter written agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. The limitation on liability described in this Section 10.15 10.16 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly appointed under Section 10.17 of the Plan10.18. However, if a discretionary Trustee, pursuant to the delegation described in Section 10.17 of the Plan10.18, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic review of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter written agreement as a part of this Plan delineating any indemnification agreement between among the parties.

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY TRUSTEE OR --------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. The Trustee is not liable for the acts or ------------------------------- omissions of any Investment Manager the Advisory Committee Plan Administrator may appoint, nor is the Trustee under any obligation to invest or otherwise to manage any asset of the Plan Trust Fund which is subject to the management of a properly appointed Investment Manager. The Advisory CommitteePlan Administrator, the Trustee and any properly appointed Investment Manager may execute a letter written agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. The limitation on liability described in this Section 10.15 10.16 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly appointed under Section 10.17 of the Plan10.18. However, if a discretionary Trustee, pursuant to the delegation described in Section 10.17 of the Plan10.18, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic review of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter written agreement as a part of this Plan delineating any indemnification agreement between among the parties.

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY TRUSTEE OR --------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. The Trustee is not liable for the acts or ------------------------------- omissions of any Investment Manager the Advisory Committee may appoint, nor is the Trustee under any obligation to invest or otherwise manage any asset of the Plan which is subject to the management of a properly appointed Investment Manager. The Advisory Committee, the Trustee and any properly appointed Investment Manager may execute a letter agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. The limitation on liability described in this Section 10.15 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly appointed under Section 10.17 of the Plan. However, if a discretionary Trustee, pursuant to the delegation described in Section 10.17 of the Plan, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic review reviews of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter agreement as a part of this Plan delineating any indemnification agreement between the parties.

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY TRUSTEE OR --------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. The Trustee is not liable for the acts or ------------------------------- omissions of any Investment Manager the Advisory Committee may appoint, nor is the Trustee under any obligation to invest or otherwise manage any asset of the Plan which is subject to the management of a properly appointed Investment Manager. The Advisory Committee, the Trustee and any properly appointed Investment Manager may execute a letter agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. The limitation on liability described in this Section 10.15 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly appointed under Section 10.17 of the Plan. However, if a discretionary Trustee, pursuant to the delegation described in Section 10.17 of the Plan, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic review of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter agreement as a part of this Plan delineating any indemnification agreement between the parties.

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY TRUSTEE OR --------------------------------------------------------------------- ----------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. The Trustee is not liable for the acts or ------------------------------- --------------------------------- omissions of any Investment Manager the Advisory Committee may appoint, nor is the Trustee under any obligation to invest or otherwise manage any asset of the Plan which is subject to the management of a properly appointed Investment Manager. The Advisory Committee, the Trustee and any properly appointed Investment Manager may execute a letter agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. The limitation on liability described in this Section 10.15 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly appointed under Section 10.17 of the Plan. However, if a discretionary Trustee, pursuant to the delegation described in Section 10.17 of the Plan, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic review of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter agreement as a part of this Plan delineating any indemnification agreement between the parties.

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY TRUSTEE OR --------------------------------------------------------------------- -------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. The Trustee is not liable for the acts or ------------------------------- -------------------------------- omissions of any Investment Manager the Advisory Committee may appoint, nor is the Trustee under any obligation to invest or otherwise manage any asset of the Plan which is subject to the management of a properly appointed Investment Manager. The Advisory Committee, the Trustee and any properly appointed Investment Manager may execute a letter agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. The limitation on liability described in this Section 10.15 also applies to the acts or omissions of any ancillary trustee Trustee or independent fiduciary properly appointed under Section 10.17 of the Plan. However, if a discretionary Trustee, pursuant to the delegation described in Section 10.17 of the Plan, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic review of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter agreement as a part of this Plan delineating any indemnification agreement between the parties.

LIMITATION ON LIABILITY - IF INVESTMENT MANAGER. ANCILLARY ---------------------------------------------------------------- TRUSTEE OR --------------------------------------------------------------------- INDEPENDENT FIDUCIARY APPOINTED. ------------------------------------------ (a) The Trustee is not liable for the acts or ------------------------------- omissions of any Investment Manager the Advisory Committee Plan Administrator may appoint, nor is the Trustee under any obligation to invest or otherwise manage any asset of the Plan which is subject to the management of a properly appointed Investment Manager. The Advisory CommitteePlan Administrator, the Trustee and any properly appointed Investment Manager may execute a letter agreement as a part of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the Trust Fund under the control of the Investment Manager. . (b) The limitation on liability described in this Section 10.15 11.27 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly appointed under Section 10.17 11.29 of the Plan. However, if a discretionary the Trustee, pursuant to the delegation described in Section 10.17 11.29 of the Plan, appoints an ancillary trustee, the discretionary Trustee is responsible for the periodic review of the ancillary trustee's actions and must exercise its delegated authority in accordance with the terms of the Plan and in a manner consistent with ERISA. The Employer, the discretionary Trustee and an ancillary trustee may execute a letter agreement as a part of this Plan delineating any indemnification agreement between the parties.. 113