Mistake of Fact. Notwithstanding any other provisions herein contained, if any contribution is made due to a mistake of fact, such contribution shall, upon the direction of the Committee, which shall be given in conformity with the provisions of ERISA, be returned to the Company or the party who made it, as directed by the Company, without liability to any person (including, but not limited to, Participants and Beneficiaries).
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Samples: Trust Agreement (Hooker Funiture Corp Employee Stock Ownership Plan Trust), Trust Agreement (Cb Richard Ellis Services Inc)
Mistake of Fact. Notwithstanding any other provisions herein contained, if any contribution is made due to a mistake of fact, such contribution shall, upon the direction of the Committee, which shall be given in conformity with the provisions of ERISA, be returned to the Company or the party who made it, as directed by the Company, without liability to any person (including, but not limited to, Participants and Beneficiaries). However, in no event shall any such return be made after the expiration of one year following the payment of such contribution.
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Mistake of Fact. Notwithstanding any other provisions provision herein contained, if any contribution is made due to a mistake of fact, such contribution shall, upon the direction of the Committee, which shall be given in conformity with the provisions of ERISA, be returned to the Company Employer or the party who made it, as directed by the CompanyEmployer, without liability to any person (including, but not limited to, Participants and Beneficiaries)) no later than one year after the date of such contribution.
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