Other Administrative Provisions. (a) No bond or other security shall be required of the Administrator, and/or any officer or Employee of the Employer to whom fiduciary responsibilities are allocated, except as may be required by ERISA.
(b) The Administrator or the Employer may shorten, extend or waive the time (but not beyond sixty days) required by the Plan for filing any notice or other form with the Administrator or the Employer, or taking any other action under the Plan, except a response to an appeal under Section 11.6, from a decision of the Administrator.
(c) The Administrator or the Employer may direct that such reasonable expenses as may be incurred in the administration of the Plan shall be paid out of the funds of the Plan, unless the Employer shall pay them.
(d) The Administrator, the Custodian, and any other persons performing fiduciary duties under the Plan shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims, and no such person shall be liable, to the maximum extent permitted by ERISA, for any act of commission or omission in accordance with the foregoing standard.
Other Administrative Provisions. 58 Section 11.5.
Other Administrative Provisions. Contract by registered mail or in other similar manner.
Other Administrative Provisions. The Employer amends the other administrative provisions of the Trust as follows: The Trustee shall be a directed trustee with respect to contributions pursuant to ERISA 403(a)(1) and the Plan Administrator shall be the fiduciary responsible for directing the Trustee regarding the obligation to collect contributions. . Note: A Participant’s Actuarial Factor under Table I is the factor corresponding to the number of years until the Participant reaches his/her Normal Retirement Age under the Plan. A Participant’s age as of the end of the current Plan Year is his/her age on his/her last birthday. For any Plan Year beginning on or after the Participant’s attainment of Normal Retirement Age, the factor for “zero” years applies.
Other Administrative Provisions. The Grantee shall comply with all standard assurances which were executed as part of the application process.
Other Administrative Provisions. The communications and notifications except those in relation to day-to-day activities between the Parties shall be in writing and sent to the following postal addresses.
Other Administrative Provisions. (i) The General Partner shall cause this Agreement to be amended to reflect as appropriate the occurrence of any of the transactions referred to in this Section 4 as promptly as is practicable after such occurrence.
(ii) Neither the admission of an Additional Limited Partner nor an increase in the amount of an Additional Limited Partner’s Capital Commitment shall be a cause for dissolution of the Partnership.
(iii) The transactions contemplated by this Section 4.5 shall not require the consent of any of the Limited Partners.
Other Administrative Provisions. (i) Any portion of the Awarded units that does not become vested in accordance with the provisions of this Agreement shall be automatically forfeited and cancelled for no value without any consideration being paid therefor and otherwise without any further action of the Company whatsoever.
(ii) The Committee shall in good faith make all determinations necessary or appropriate to determine whether the performance vesting conditions hereunder have been satisfied. The Committee’s determinations shall be final, binding and conclusive upon all parties, absent manifest error or bad faith.
(iii) In the event of an exchange, tender offer, merger, consolidation, recapitalization, split, combination or otherwise, the Committee shall make appropriate adjustments to the applicable performance metrics to the extent necessary to reflect such event and preserve the intended economic benefits hereunder. The Committee’s adjustment shall be made in accordance with the provisions of the Plan and shall be effective and final, binding and conclusive for all purposes of the Plan and this Agreement, absent manifest error or bad faith.
(iv) Notwithstanding any other provision herein to the contrary, to the extent applicable to the Grantee hereunder, the Award is intended to qualify as “performance-based compensation” within the meaning of Section 162(m) of the Code and shall be subject in all respects to all of the terms and conditions of the Plan required for such qualification.
(v) The terms and conditions of this Agreement shall remain strictly confidential, and the Grantee hereby agrees not to disclose the terms and conditions hereof (including, without limitation, the vesting conditions hereunder) to any person or entity, other than immediate family members, legal advisors or personal tax or financial advisors who, in each case, agree to keep such information confidential, until such time as the Company is required to publicly disclose the material terms hereof pursuant to any applicable law, rule or regulation.
Other Administrative Provisions. The Employer amends the other administrative provisions of the Trust as follows:
Other Administrative Provisions
