Miscellaneous Protective Provisions Sample Clauses

Miscellaneous Protective Provisions. It is further agreed, that, except as otherwise provided in this Agreement or ERISA - (1) Any Administrative Party may request and rely upon an opinion of counsel, who may or may not be counsel for the Company, and shall be fully protected for any action taken, suffered or omitted in good faith reliance upon such opinion. (2) No recourse under this Agreement, or for any action or nonaction hereunder, or for any loss or diminution of the Trust Fund, or for any payment or nonpayment of benefits, or for any other reason whatsoever relating to the Plan, shall be had by any Person whomsoever against any individual in his capacity as stockholder, officer, director or employee of the Company, past, present or future. (3) Where the establishment of any fact is in question, any Administrative Party may in its discretion accept as evidence thereof any properly executed instrument or document furnished by any other Administrative Party or such other evidence as may seem reasonable in the circumstances.
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Miscellaneous Protective Provisions. XI-7 M. No Duress or Retaliation Against Participants, Etc........................................ XI-7 N. Record Keeping. Investigations, Etc....................................................... XI-7 O. Distributions to Minors and Incompetent or Missing Individuals............................ XI-8 P. Expenses and Compensation................................................................. XI-8 Q. No Warranty of Company Stock Value or Dividends........................................... XI-9 ARTICLE XII - INSURANCE PROVISIONS.......................................................................... XII-1 A. No Life Insurance......................................................................... XII-1 ARTICLE XIII - TOP-HEAVY RULES.............................................................................. XIII-1 A. Application: Top-Heavy Status............................................................. XIII-1 B. Effect of Top-Heavy Status................................................................ XIII-3 C. Definitions............................................................................... XIII-5 EXHIBIT A - PUT OPTION...................................................................................... 1 LENAWEE BANCORP, INC. EMPLOYEE STOCK OWNERSHIP AND 401(k) SAVINGS PLAN AND TRUST AGREEMENT as amended and restated effective January 1, 1997 THIS AGREEMENT, made this _____ day of ___________________, 2000, by and between Lenawee Bancorp, Inc., a Michigan corporation (herein called the "Company"), and Sky Trust, N.A. (herein, with its predecessors and successors, called the "Trustee"), WITNESSETH THAT WHEREAS --
Miscellaneous Protective Provisions. XI-7 -iii- 5 M. No Duress or Retaliation Against Participants, Etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-7 N. Record Keeping, Investigations, Etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-7 O. Distributions to Minors and Incompetent or Missing Individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-7 P. Expenses and Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-8 Q. No Warranty of Company Stock Value or Dividends . . . . . . . . . . . . . . . . . . . . . . . . . XI-9 ARTICLE XII INSURANCE PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII-1 A. No Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII-1 ARTICLE XIII TOP-HEAVY RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII-1 A. Application; Top-Heavy Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII-1 B. Effect of Top-Heavy Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII-3 C. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII-5 SOURCE ONE MORTGAGE SERVICES CORPORATION EMPLOYEE STOCK OWNERSHIP AND 401(k) SAVINGS PLAN AND TRUST AGREEMENT (as amended and restated effective October 1, 1996) THIS AGREEMENT, made effective the 1st day of October, 1996, by and between Source One Mortgage Services Corporation, a Delaware corporation (herein called the "Company"), and Merrxxx Xxxcx Xxxst Company (herein, with its predecessors and successors, called the "Trustee"), WITNESSETH THAT WHEREAS --
Miscellaneous Protective Provisions. It is further agreed, that, except as otherwise provided in this Agreement or ERISA - (1) Any Administrative Party may request and rely upon an opinion of counsel, who may or may not be counsel for the Company, and shall be fully protected for any action taken, suffered or omitted in good faith reliance upon such opinion. (2) No recourse under this Agreement, or for any action or nonaction hereunder, or for any loss or diminution of the Trust Fund, or for any payment or nonpayment of benefits, or for any other reason whatsoever relating to the Plan, shall be had by any Person whomsoever against any individual in his capacity as stockholder, officer, director or employee of the Company, past, present or future. (3) Where the establishment of any fact is in question, any Administrative Party may in its discretion accept as evidence thereof any properly executed instrument or document furnished by any other Administrative Party or such other evidence as may seem reasonable in the circumstances. (4) Nothing contained in this Agreement shall be deemed, construed or interpreted as conferring upon, or giving or granting to, any Employee any legal or other rights of any conceivable kind or character whatsoever to be retained in the employ of the Company or shall affect or impair the right of the Company to control Employees or to discipline or discharge Employees at any time.

Related to Miscellaneous Protective Provisions

  • Miscellaneous Provisions The following miscellaneous provisions are a part of this Agreement:

  • Miscellaneous Provision It is hereby understood that, to be entitled to the benefits under this Agreement, the MEMBER hereby waives his/her consent to the disclosure and processing of his/her medical/health information which is determinative for the assessment of his/her coverage and necessary for the treatment of his/her illness. MediCard, its Medical Service Units/Teams and its Accredited Hospitals/Clinics are hereby released from any liability by reason of such disclosure.

  • Governing Law and Miscellaneous Provisions The provisions of Article 7 of the Collateral Trust Agreement will apply with like effect to this Collateral Trust Joinder.

  • Miscellaneous Rules 1 The provisions of this Agreement shall not be construed to restrict in any manner any exclusion, exemption, deduction, credit, or other allowances now or hereafter accorded: (a) by the laws of a Contracting State in the determination of the tax imposed by that State; or (b) by any other agreement entered into by a Contracting State.

  • Miscellaneous Leave Leave with or without pay may be granted for the following purposes subject to the criteria set out below being met. (a) Where a teacher is prevented from travelling from their home to work because of an emergency situation outside of the control of the teacher (up to seven (7) days leave with pay may be granted) provided that this provision is for emergencies only. Approval shall not be given where the teacher has advance notice or in circumstances where the teacher could be reasonably expected to have foreseen the situation arising. Where practicable the teacher is to inform the school of the reasons for the absence and is required to return to duty as soon as possible. Full details of the case shall be submitted.

  • Miscellaneous Powers The Trustees shall have the power to: (a) employ or contract with such Persons as the Trustees may deem desirable for the transaction of the business of the Trust; (b) enter into joint ventures, partnerships and any other combinations or associations; (c) purchase, and pay for out of Trust Property, insurance policies insuring the Shareholders, Trustees, officers, employees, agents, investment advisors, distributors, selected dealers or independent contractors of the Trust against all claims arising by reason of holding any such position or by reason of any action taken or omitted by any such Person in such capacity, whether or not constituting negligence, or whether or not the Trust would have the power to indemnify such Person against such liability; (d) establish pension, profit-sharing, share purchase, and other retirement, incentive and benefit plans for any Trustees, officers, employees and agents of the Trust; (e) make donations, irrespective of benefit to the Trust, for charitable, religious, educational, scientific, civic or similar purposes; (f) to the extent permitted by law, indemnify any Person with whom the Trust has dealings, including without limitation any advisor, administrator, manager, transfer agent, custodian, distributor or selected dealer, or any other person as the Trustees may see fit to such extent as the Trustees shall determine; (g) guarantee indebtedness or contractual obligations of others; (h) determine and change the fiscal year of the Trust and the method in which its accounts shall be kept; and (i) adopt a seal for the Trust but the absence of such seal shall not impair the validity of any instrument executed on behalf of the Trust.

  • Miscellaneous Leaves L31.1 Application for Miscellaneous Leave shall be made to the Executive Superintendent of Employee Services or designate. The Teacher shall notify the principal at the time the application is made and whenever possible shall make the application at least five days prior to the day for which the leave is requested.

  • Miscellaneous Amendments Notwithstanding anything contained herein to the contrary, whenever any of the terms “Leased Premises”, “Demised Premises” or “Premises” (and whether or not capitalized) is used herein, it shall be understood to mean the “premises leased hereby”; and whenever the term “Entire Premises” is used herein (and whether or not capitalized), it shall be understood to mean all of the contiguous land and buildings owned by Landlord at this location, which include the premises leased hereby. The term “Non-leased Premises” shall mean the Entire Premises less the Leased Premises.

  • Miscellaneous and General Survival.....................................................................49 9.2. Modification or Amendment....................................................50 9.3.

  • Miscellaneous Matters A number of special points. We have identified each of these as important to ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .

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