Common use of NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY Clause in Contracts

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries of this Plan are (1) the Employer and (2) the Plan Administrator. The Named Fiduciaries shall have only those powers, duties, responsibilities, and obligations as are specifically given them under the Plan. In general, the Employer shall have sole and absolute discretion for making the contributions provided for under Article III, and shall have sole and absolute discretion to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “funding policy and method;” and to amend or terminate, in whole or in part, the Plan. The Plan Administrator shall have sole and absolute discretion for the administration of the Plan, which responsibility includes the sole and absolute discretion to interpret the Plan and to determine eligibility for benefits, including the amount of benefits. The Trustee shall have sole and absolute discretion of management of the assets held under the Trust, except those assets, the management of which have been assigned to an Investment Manager, who shall have sole and absolute discretion for the management of the assets assigned to it, all as specifically provided herein. Each Named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions herein, authorizing or providing for such direction, information or action. Furthermore, each Named Fiduciary may rely upon any such direction, information or action of another Named Fiduciary as being proper under the provisions of the Plan, and is not required to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the Plan. No Named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries shall be empowered with the sole discretion to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries "named Fiduciaries" of this Plan are (1) the Employer and Employer, (2) the Plan Administrator, (3) the Trustee (if the Trustee has discretionary authority as elected in the Adoption Agreement or as otherwise agreed upon by the Employer and the Trustee), and (4) any Investment Manager appointed hereunder. The Named named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the PlanPlan including, but not limited to, any agreement allocating or delegating their responsibilities, the terms of which are incorporated herein by reference. In general, the Employer shall have the sole and absolute discretion responsibility for making the contributions provided for under Article III, the Plan; and shall have the sole and absolute discretion authority to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “'s "funding policy and method;” "; and to amend the elective provisions of the Adoption Agreement or terminate, in whole or in part, the Plan. The Plan Administrator shall have the sole and absolute discretion responsibility for the administration of the Plan, which responsibility includes is specifically described in the Plan. If the Trustee has discretionary authority, it shall have the sole and absolute discretion to interpret the Plan and to determine eligibility for benefits, including the amount of benefits. The Trustee shall have sole and absolute discretion responsibility of management of the assets held under the Trust, except those assets, the management of which have has been assigned to an Investment ManagerManager or Administrator, who shall have sole and absolute discretion be solely responsible for the management of the assets assigned to it, all as specifically provided hereinin the Plan. Each Named named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions hereinof the Plan, authorizing or providing for such direction, information or action. Furthermore, each Named named Fiduciary may rely upon any such direction, information or action of another Named named Fiduciary as being proper under the provisions of the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the Plan. No Named named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries shall be empowered with the sole discretion to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries "named Fiduciaries" of this Plan are (1) the Employer and Employer, (2) the Plan AdministratorAdministrator and (3) the Trustee. The Named named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the Plan. In general, the Employer shall have the sole and absolute discretion responsibility for making the contributions provided for under Article III, Section 4.1; and shall have the sole and absolute discretion authority to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “'s "funding policy and method;” "; and to amend or terminate, in whole or in part, the Plan. The Plan Administrator shall have the sole and absolute discretion responsibility for the administration of the Plan, which responsibility includes is specifically described in the sole and absolute discretion to interpret the Plan and to determine eligibility for benefits, including the amount of benefitsPlan. The Trustee shall have the sole and absolute discretion responsibility of management of the assets held under the Trust, except those assets, the management of which have has been assigned to an Investment Manager, who shall have sole and absolute discretion be solely responsible for the management of the assets assigned to it, all as specifically provided hereinin the Plan. Each Named named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions hereinof the Plan, authorizing or providing for such direction, information or action. Furthermore, each Named named Fiduciary may rely upon any such direction, information or action of another Named named Fiduciary as being proper under the provisions of the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the Plan. No Named named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries "named Fiduciaries" shall be empowered with to interpret the sole discretion Plan and Trust and to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries "named Fiduciaries" of this Plan are (1a) the Employer, (b) the Administrator, (c) the Trustee (if the Trustee has discretionary authority as elected in the Adoption Agreement or as otherwise agreed upon by the Employer and the Trustee), and (2d) the Plan Administratorany Investment Manager appointed hereunder. The Named Employer may, however, modify the preceding sentence to add or remove named Fiduciaries. The named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the PlanPlan including, but not limited to, any agreement allocating or delegating their responsibilities, the terms of which are incorporated herein by reference. In general, the Employer shall have the sole and absolute discretion responsibility for making the contributions provided for under Article III, the Plan; and shall have the sole and absolute discretion authority to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “'s "funding policy and method;” "; and to amend the elective provisions of the Adoption Agreement or terminate, in whole or in part, the Plan. The Plan Administrator shall have the sole and absolute discretion responsibility for the administration of the Plan, which responsibility includes is specifically described in the Plan. If the Trustee has discretionary authority, it shall have the sole and absolute discretion to interpret the Plan and to determine eligibility for benefits, including the amount of benefits. The Trustee shall have sole and absolute discretion responsibility of management of the assets held under the Trust, except those assets, the management of which have has been assigned to an Investment ManagerManager or Administrator, who shall have sole and absolute discretion be solely responsible for the management of the assets assigned to it, all as specifically provided hereinin the Plan. Each Named named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions hereinof the Plan, authorizing or providing for such direction, information or action. Furthermore, each Named named Fiduciary may rely upon any such direction, information or action of another Named named Fiduciary as being proper under the provisions of the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the Plan. No Named named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries shall be empowered with the sole discretion to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries “named Fiduciaries” of this Plan are (1) the Employer and Employer, (2) the Plan AdministratorAdministrator and (3) the Trustee, and (4) any Investment Manager appointed hereunder. The Named named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the PlanPlan including, but not limited to, any agreement allocating or delegating their responsibilities, the terms of which arc incorporated herein by reference. In general, the Employer shall have the sole and absolute discretion responsibility for making the contributions provided for under Article III, Section 4.1; and shall have sole and absolute discretion the authority to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “funding policy and method;” and to amend or terminate, in whole or in part, the Plan. The Plan Administrator shall have the sole and absolute discretion responsibility for the administration of the Plan, which responsibility includes including, but not limited to, the sole and absolute discretion to interpret items specified in Article II of the Plan and to determine eligibility for benefitsPlan, including as the amount of benefitssame may be allocated or delegated thereunder. The Trustee shall have the sole and absolute discretion responsibility of management of the assets held under the Trust, except to the extent directed pursuant to Article II or with respect to those assets, the management of which have has been assigned to an Investment Manager, who shall have sole and absolute discretion be solely responsible for the management of the assets assigned to it, all as specifically provided hereinin the Plan. Each Named named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions hereinof the Plan, authorizing or providing for such direction, information or action. Furthermore, each Named named Fiduciary may rely upon any such direction, information or action of another Named named Fiduciary as being proper under the provisions of the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the PlanPlan as specified or allocated herein. No Named named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries shall be empowered with the sole discretion to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries "named Fiduciaries" of this Plan are (1) the Employer and Employer, (2) the Plan Administrator, (3) the Trustee (if the Trustee has discretionary authority as elected in the Adoption Agreement or as otherwise agreed upon by the Employer and the Trustee), and (4) any Investment Manager appointed hereunder. The Named named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the PlanPlan including, but not limited to, any agreement allocating or delegating their responsibilities, the terms of which are incorporated herein by reference. In general, the Employer shall have the sole and absolute discretion responsibility for making the contributions provided for under Article III, the Plan; and shall have the sole and absolute discretion authority to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “'s "funding policy and method;” "; and to amend the elective provisions of the Adoption Agreement or terminate, in whole or in part, the Plan. The Plan Administrator shall have the sole and absolute discretion responsibility for the administration of the Plan, which responsibility includes is specifically described in the Plan. If the Trustee has discretionary authority, it shall have the sole and absolute discretion to interpret the Plan and to determine eligibility for benefits, including the amount of benefits. The Trustee shall have sole and absolute discretion responsibility of management of the assets held under the Trust, except those assets, the management of which have has been assigned to an Investment ManagerManager or Administrator, who shall have sole and absolute discretion be solely responsible for the management of the assets assigned to it, all as specifically provided hereinin the Plan. Each Named named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions hereinof the Plan, authorizing or providing for such direction, information or action. Furthermore, each Named named Fiduciary may rely upon any such direction, information or action of another Named named Fiduciary as being proper proper, under the provisions of the Plan, and is not required under the Plan to inquire inquire, into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the Plan. No Named named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries shall be empowered with the sole discretion to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries "named Fiduciaries" of this Plan are (1l) the Employer and Employer, (2) the Plan Administrator, and (3) the Trustee. The Named named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the Plan. In general, as among the named Fiduciaries, the Employer shall have the sole and absolute discretion responsibility for making the contributions provided for under Article III, Section 4.1; and shall have the sole and absolute discretion authority to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “'s "funding policy and method;” " and to amend or terminate, in whole or in part, the Plan. The Plan Administrator shall have the sole and absolute discretion responsibility for the administration of the Plan, which responsibility includes is specifically described in the sole and absolute discretion to interpret the Plan and to determine eligibility for benefits, including the amount of benefitsPlan. The Trustee shall have the sole and absolute discretion responsibility of management of the assets held under the Trust, except those assets, the management of which have been reserved by the Administrator or assigned to an Investment Manager. In the event of such reservation or assignment of responsibility of management of the assets held under the Trust, who the Employer, Administrator or Investment Manager shall have sole and absolute discretion be solely responsible for the management of the assets assigned to it, all as specifically provided hereinin the Plan. Each Named named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions hereinof the Plan, authorizing or providing for such direction, information information, or action. Furthermore, each Named named Fiduciary may rely upon any such direction, information or action of another Named named Fiduciary as being proper under the provisions of the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities responsibilities, and obligations under the Plan. No Named named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries "named Fiduciaries" shall be empowered with to interpret the sole discretion Plan and Trust and to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries of this Plan are (1) the Employer and (2) the Plan Administrator. The Named Fiduciaries shall have only those powers, duties, responsibilities, and obligations as are specifically given them under the Plan. In general, the Employer shall have sole and absolute discretion for making the contributions provided for under Article III, and shall have sole and absolute discretion to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “'s "funding policy and method;” " and to amend or terminate, in whole or in part, the Plan. The Plan Administrator shall have sole and absolute discretion for the administration of the Plan, which responsibility includes the sole and absolute discretion to interpret the Plan and to determine eligibility for benefits, including the amount of benefits. The Trustee shall have sole and absolute discretion of management of the assets held under the Trust, except those assets, the management of which have been assigned to an Investment Manager, who shall have sole and absolute discretion for the management of the assets assigned to it, all as specifically provided herein. Each Named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions herein, authorizing or providing for such direction, information or action. Furthermore, each Named Fiduciary may rely upon any such direction, information or action of another Named Fiduciary as being proper under the provisions of the Plan, and is not required to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the Plan. No Named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries shall be empowered with the sole discretion to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries "named Fiduciaries" of this Plan are (1) the Employer and Principal Employer, (2) the Plan AdministratorAdministrator and (3) the Trustee. The Named named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the Plan. In general, the Employer shall have the sole and absolute discretion responsibility for making the contributions provided for under Article III, Section 4.01; and shall have the sole and absolute discretion authority to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “'s "funding policy and method;” "; and to amend or terminate, in whole or in part, the Plan. The Plan Administrator shall have the sole and absolute discretion responsibility for the administration of the Plan, which responsibility includes is specifically described in the sole and absolute discretion to interpret the Plan and to determine eligibility for benefits, including the amount of benefitsPlan. The Trustee shall have the sole and absolute discretion responsibility of management of the assets held under the Trust, except those assets, the management of which have has been assigned to an Investment Manager, who shall have sole and absolute discretion be solely responsible for the management of the assets assigned to it, all as specifically provided hereinin the Plan. Each Named named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions hereinof the Plan, authorizing or providing for such direction, information or action. Furthermore, each Named named Fiduciary may rely upon any such direction, information or action of another Named named Fiduciary as being proper under the provisions of the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the Plan. No Named named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries "named Fiduciaries" shall be empowered with to interpret the sole discretion Plan and Trust and to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries "named Fiduciaries" of this Plan are (1) the Employer and Employer, (2) the Plan Administrator, (3) the Trustee and (4) any Investment Manager appointed hereunder. The Named named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the PlanPlan including, but not limited to, any agreement allocating or delegating their responsibilities, the terms of which are incorporated herein by reference. In general, the Employer shall have the sole and absolute discretion responsibility for making the contributions provided for under Article III, Section 4.1; and shall have sole and absolute discretion the authority to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “'s "funding policy and method;” "; and to amend or terminate, in whole or in part, the Plan. The Plan Administrator shall have the sole and absolute discretion responsibility for the administration of the Plan, which responsibility includes including, but not limited to, the sole and absolute discretion to interpret items specified in Article II of the Plan and to determine eligibility for benefitsPlan, including as the amount of benefitssame may be allocated or delegated thereunder. The Trustee shall have the sole and absolute discretion responsibility of management of the assets held under the Trust, except to the extent directed pursuant to Article II or with respect to those assets, the management of which have has been assigned to an Investment Manager, who shall have sole and absolute discretion be solely responsible for the management of the assets assigned to it, all as specifically provided hereinin the Plan. Each Named named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions hereinof the Plan, authorizing or providing for such direction, information or action. Furthermore, each Named named Fiduciary may rely upon any such direction, information or action of another Named named Fiduciary as being proper under the provisions of the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the PlanPlan as specified or allocated herein. No Named named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries shall be empowered with the sole discretion to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries of this Plan are (1) the Employer and (2) the Plan Administrator. The Named Fiduciaries shall have only those powers, duties, responsibilities, and obligations as are specifically given them under the Plan. In general, the Employer shall have sole and absolute discretion for making the contributions provided for under Article III, and shall have sole and absolute discretion to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “'s "funding policy and method;” " and to amend or terminate, in whole or in part, the Plan. The Plan Administrator shall have sole and absolute discretion for the administration of the Plan, which responsibility includes the sole and absolute discretion to interpret the Plan and to determine eligibility for benefits, including the amount of benefits. The Trustee shall have sole and absolute discretion of management of the assets held under the Trust, except those assets, the management of which have been assigned to an Investment Manager, who shall have sole and absolute discretion for the management of the assets assigned to it, all as specifically provided herein. Each Named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions herein, authorizing or providing for such direction, information or action. Furthermore, each Named Fiduciary may rely upon any such direction, information or action of another Named Fiduciary as being proper under the provisions of the Plan, 92 and is not required to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the Plan. No Named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries shall be empowered with the sole discretion to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries "named Fiduciaries" of this Plan are (1) the Employer and Employer, (2) the Plan AdministratorAdministrator and (3) the Trustee. The Named named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the Plan or as accepted by or assigned to them pursuant to any procedure provided under the Plan, including but not limited to any agreement allocating or delegating their responsibilities, the terms of which are incorporated herein by reference. In general, unless otherwise indicated herein or pursuant to such agreements, the Employer shall have sole and absolute discretion the duties specified in Article II hereof, as the same may be allocated or delegated thereunder, including but not limited to the responsibility for making the contributions provided for under Article III, Section 4.1; and shall have sole and absolute discretion the authority to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “'s "funding policy and method;” "; and to amend or terminate, in whole or in part, the Plan. The Plan Administrator shall have sole and absolute discretion the responsibility for the administration of the Plan, which responsibility includes including but not limited to the sole and absolute discretion to interpret items specified in Article II of the Plan and to determine eligibility for benefitsPlan, including as the amount of benefitssame may be allocated or delegated thereunder. The Trustee shall have sole the responsibility to invest Plan assets in accordance with Section 4.12 and absolute discretion of management of to perform the assets held express duties allocated to it under the Trust, except those assets, the management of which have been assigned to an Investment Manager, who shall have sole and absolute discretion for the management of the assets assigned to it, all as specifically provided hereinPlan. Each Named named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions hereinof the Plan, authorizing or providing for such direction, information or action. Furthermore, each Named named Fiduciary may rely upon any such direction, information or action of another Named named Fiduciary as being proper under the provisions of the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the PlanPlan as specified or allocated herein. No Named named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries "named Fiduciaries" shall be empowered with to interpret the sole discretion Plan and Trust and to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named named Fiduciaries of this Plan are (1) the Employer and Employer, (2) the Plan Administrator, (3) the Trustee and (4) any Investment Manager appointed hereunder. The Named named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the PlanPlan including, but not limited to, any agreement allocating or delegating their responsibilities, the terms of which are incorporated herein by reference. In general, the Employer shall have the sole and absolute discretion responsibility for making the contributions provided for under Article III, Section 4.1; and shall have sole and absolute discretion the authority to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “funding policy and method;” ; and to amend or terminate, in whole or in part, the Plan. The Plan Administrator shall have the sole and absolute discretion responsibility for the administration of the Plan, which responsibility includes including, but not limited to, the sole and absolute discretion items specified in Article II of the Plan, as the same may be allocated or delegated thereunder. The Administrator shall act as the named Fiduciary responsible for communicating with the Participant according to interpret the Plan and to determine eligibility for benefits, including the amount of benefitsParticipant Direction Procedures. The Trustee shall have the sole and absolute discretion responsibility of management of the assets held under the Trust, except to the extent directed pursuant to Article II or with respect to those assets, the management of which have has been assigned to an Investment Manager, who shall have sole and absolute discretion be solely responsible for the management of the assets assigned to it, all as specifically provided hereinin the Plan. Each Named named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions hereinof the Plan, authorizing or providing for such direction, information or action. Furthermore, each Named named Fiduciary may rely upon any such direction, information or action of another Named named Fiduciary as being proper under the provisions of the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the PlanPlan as specified or allocated herein. No Named named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries shall be empowered with the sole discretion to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.

NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY. The Named Fiduciaries "named Fiduciaries" of this Plan are (1) the Employer and Employer, (2) the Plan Administrator, (3) the Trustee (if Employer has designated the Trustee as having discretionary authority in the Adoption Agreement and the Trustee has in writing accepted such designation), and (4) any Investment Manager appointed hereunder. The Named named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the PlanPlan and the trust agreement as designated in the Adoption Agreement, including, but not limited to, any agreement allocating or delegating their responsibilities. In general, the Employer shall have the sole and absolute discretion responsibility for making the contributions provided for under Article III, the Plan; and shall have the sole and absolute discretion authority to appoint and remove the Trustee and the Plan Administrator; to formulate the Plan’s “'s "funding policy and method;” "; and to amend the elective provisions of the Adoption Agreement or terminate, in whole or in part, the Plan. The Plan Administrator shall have the sole and absolute discretion responsibility for the administration of the Plan, which responsibility includes is specifically described in the Plan. If the Trustee has discretionary authority, it shall have the sole and absolute discretion to interpret the Plan and to determine eligibility for benefits, including the amount of benefits. The Trustee shall have sole and absolute discretion responsibility of management of the assets held under the Trust, Trust except for those assets which are subject under the terms of the Plan to Participant direction and those assets, the management of which have has been assigned to an Investment ManagerManager or Administrator, who shall have sole and absolute discretion be solely responsible for the management of the assets assigned to it, all as specifically provided hereinin the Plan. Each Named named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions hereinof the Plan, authorizing or providing for such direction, information or action. Furthermore, each Named named Fiduciary may rely upon any such direction, information or action of another Named named Fiduciary as being proper under the provisions of the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the provisions of the Plan that each Named named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the Plan. No Named named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the Named Fiduciaries shall be empowered with the sole discretion to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive.