Common use of RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE Clause in Contracts

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE. (a) Unless otherwise agreed to by both the Trustee and the Employer, a Trustee may resign at any time by delivering to the Employer, at least thirty (30) days before its effective date, a written notice of resignation. (b) Unless otherwise agreed to by both the Trustee and the Employer, the Employer may remove a Trustee at any time by delivering to the Trustee, at least thirty (30) days before its effective date, a written notice of such Trustee's removal. (c) Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the Employer; and such successor, upon accepting such appointment in writing and delivering same to the Employer, shall, without further act, become vested with all the powers and responsibilities of the predecessor as if such successor had been originally named as a Trustee herein. Until such a successor is appointed, any remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. (d) The Employer may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Employer and accepts such designation, the successor shall, without further act, become vested with all the powers and responsibilities of the predecessor as if such successor had been originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the predecessor. (e) Whenever any Trustee hereunder ceases to serve as such, the Trustee shall furnish to the Employer and Administrator a written statement of account with respect to the portion of the Plan Year during which the individual or entity served as Trustee. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required under Section 7.9 or (ii) set forth in a special statement. Any such special statement of account should be rendered to the Employer no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.9 for the approval by the Employer of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer of any such special statement in the manner provided in Section 7.9 shall have the same effect upon the statement as the Employer's approval of an annual statement of account. No successor to the Trustee shall have any duty or responsibility to investigate the acts or transactions of any predecessor who has rendered all statements of account required by Section 7.9 and this subparagraph.

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE. (a) Unless otherwise agreed to by both the Trustee and the Employer, a The Trustee may resign at any time by delivering to the Employer, at least thirty (30) days before its effective date, a written notice of his resignation. (b) Unless otherwise agreed to by both the Trustee and the Employer, the The Employer may remove a the Trustee by mailing by registered or certified mail, addressed to such Trustee at any time by delivering to the Trusteehis last known address, at least thirty (30) days before its effective date, a written notice of such Trustee's his removal. (c) Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the Employer; and such successor, upon accepting such appointment in writing and delivering same to the Employer, shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of the his predecessor with like respect as if such successor had been he were originally named as a Trustee herein. Until such a successor is appointed, any the remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. (d) The Employer may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Employer and accepts such designation, the successor shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of his predecessor with the predecessor like effect as if such successor had been he were originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the his predecessor. (e) Whenever any Trustee hereunder ceases to serve as such, the Trustee he shall furnish to the Employer and Administrator a written statement of account with respect to the portion of the Plan Year during which the individual or entity he served as Trustee. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required under Section 7.9 5.6 or (ii) set forth in a special statement. Any such special statement of account should be rendered to the Employer no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.9 5.6 for the approval by the Employer of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer of any such special statement in the manner provided in Section 7.9 5.6 shall have the same effect upon the statement as the Employer's approval of an annual statement of account. No successor to the Trustee shall have any duty or responsibility to investigate the acts or transactions of any predecessor who has rendered all statements of account required by Section 7.9 5.6 and this subparagraph.

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE. (a) Unless otherwise agreed to by both the Trustee and the Employer, a 9.1 The Trustee may resign at any time by delivering to the Employer, at least giving thirty (30) days before its effective date, a days' prior written notice of resignationto the Company. (b) Unless otherwise agreed to by both the Trustee and the Employer, the Employer 9.2 The Company may remove a the Trustee at any time by delivering to the Trustee, at least giving thirty (30) days before its effective date, a days' prior written notice to the Trustee being removed. The Company may appoint a successor Trustee by delivery to the removed or resigning Trustee of (i) an instrument in writing executed by the Company appointing such successor Trustee's removal, and (ii) an acceptance in writing executed by the successor Trustee so appointed. (c) 9.3 The Company's obligation to indemnify the Trustee under this Agreement shall survive the termination of the Trustee with respect to any act or omission by the Trustee arising under or in connection with this Master Trust Agreement. 9.4 Upon the deathappointment of a successor Trustee, resignationthe removed or resigning Trustee shall transfer and deliver the assets of the Trust Fund to such successor after reserving such reasonable amounts as it shall deem necessary to provide for any expenses, incapacityfees, or removal taxes then or thereafter chargeable against the Trust Fund. Each successor Trustee shall succeed to the title to the Trust Fund vested in its predecessor, without the signing or filing of any further instrument, but any resigning or removed Trustee shall execute all documents and do all acts necessary to vest such title of record in any successor Trustee. Each successor Trustee shall have and enjoy all powers, both discretionary and ministerial, of its predecessor. No successor Trustee shall be personally liable for any act or failure to act of any predecessor Trustee; and, with the approval of the Company, a successor Trustee may be appointed accept the account rendered and the property delivered to it by the Employer; its predecessor Trustee as a full and such successor, upon accepting such appointment in writing and delivering same complete discharge to the Employer, shall, predecessor Trustee without further act, become vested with all the powers and responsibilities of the predecessor as if such successor had been originally named as a Trustee herein. Until such a successor is appointed, incurring any remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. (d) The Employer may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Employer and accepts such designation, the successor shall, without further act, become vested with all the powers and responsibilities of the predecessor as if such successor had been originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the predecessor. (e) Whenever any Trustee hereunder ceases to serve as such, the Trustee shall furnish to the Employer and Administrator a written statement of account with respect to the portion of the Plan Year during which the individual or entity served as Trustee. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required under Section 7.9 or (ii) set forth in a special statement. Any such special statement of account should be rendered to the Employer no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.9 for the approval by the Employer of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer of any such special statement in the manner provided in Section 7.9 shall have the same effect upon the statement as the Employer's approval of an annual statement of account. No successor to the Trustee shall have any duty liability or responsibility to investigate the acts or transactions of any predecessor who has rendered all statements of account required by Section 7.9 and this subparagraphfor so doing.

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE. (a) Unless otherwise agreed to by both the Trustee and the Employer, a The Trustee may resign at any time by delivering to the Employer, at least thirty (30) days before its effective date, a written notice of his resignation. (b) Unless otherwise agreed to by both the Trustee and the Employer, the The Employer may remove a the Trustee at any time by delivering to the TrusteeTrustee at his last known address, at least thirty (30) days before its effective date, a written notice of such Trustee's his removal; provided, however that the Employer may remove the Trustee without advance notice, for cause. (c) Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the Employer; and such successor, upon accepting such appointment in writing and delivering same to the Employer, shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of the his predecessor with like effect as if such successor had been he were originally named as a Trustee herein. Until such a successor is appointed, any the remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. (d) The Employer may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Employer and accepts such designation, the successor shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of his predecessor with the predecessor like effect as if such successor had been he were originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the his predecessor. (e) Whenever any Trustee hereunder ceases to serve as such, the Trustee he shall furnish to the Employer and Administrator a written statement of account with respect to the portion of the Plan Year during which the individual or entity he served as Trustee. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required under Section 7.9 7.7 or (ii) set forth in a special statement. Any such special statement of account should be rendered to the Employer no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.9 7.7 for the approval by the Employer of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer of any such special statement in the manner provided in Section 7.9 7.7 shall have the same effect upon the statement as the Employer's approval of an annual statement of account. No successor to the Trustee shall have any duty or responsibility to investigate the acts or transactions of any predecessor who has rendered all statements of account required by Section 7.9 7.7 and this subparagraph.

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE. (a) Unless otherwise agreed to by both the Trustee and the Employer, a Trustee may resign at any time by delivering to the Employer, at least thirty (30) days before its effective date, a written notice of resignation. (b) Unless otherwise agreed to by both the Trustee and the Employer, the Employer may remove a Trustee at any time by delivering to the Trustee, at least thirty (30) days before its effective date, a written notice of such Trustee's removal. (c) Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the Employer; and such successor, upon accepting such appointment in writing and delivering same to the Employer, shall, without further act, become vested with all the powers and responsibilities of the predecessor as if such successor had been originally named as a Trustee herein. Until such a successor is appointed, any the remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. (d) The Employer may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Employer and accepts such designation, the successor shall, without further act, become vested with all the powers and responsibilities of the predecessor as if such successor had been originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the predecessor. (e) Whenever any Trustee hereunder ceases to serve as such, the Trustee shall furnish to the Employer and Administrator a written statement of account with respect to the portion of the Plan Year during which the individual or entity served as Trustee. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required under Section 7.9 7.7 or (ii) set forth in a special statement. Any such special statement of account should be rendered to the Employer no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.9 7.7 for the approval by the Employer of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer of any such special statement in the manner provided in Section 7.9 7.7 shall have the same effect upon the statement as the Employer's approval of an annual statement of account. No successor to the Trustee shall have any duty or responsibility to investigate the acts or transactions of any predecessor who has rendered all statements of account required by Section 7.9 7.7 and this subparagraph.

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE. (a) Unless otherwise agreed to by both the Trustee and the Employer, a The Trustee may resign at any time by delivering to the Employer, at least thirty (30) days before its effective date, a written notice of his resignation. (b) Unless otherwise agreed to by both the Trustee and the Employer, the The Employer may remove a the Trustee by mailing by registered or certified mail, addressed to such Trustee at any time by delivering to the Trusteehis last known address, at least thirty (30) days before its effective date, a written notice of such Trustee's his removal. (c) Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the Employer; and such successor, upon accepting such appointment in writing and delivering same to the Employer, shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of the his predecessor with like respect as if such successor had been he were originally named as a Trustee herein. Until such a successor is appointed, any the remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. (d) The Employer may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Employer and accepts such designation, the successor shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of his predecessor with the predecessor like effect as if such successor had been he were originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the his predecessor. (e) Whenever any Trustee hereunder ceases to serve as such, the Trustee he shall furnish to the Employer and Administrator a written statement of account with respect to the portion of the Plan Year during which the individual or entity he served as Trustee. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required under Section 7.9 8.8 or (ii) set forth in a special statement. Any such special statement of account should be rendered to the Employer no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.9 8.8 for the approval by the Employer of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer of any such special statement in the manner provided in Section 7.9 8.8 shall have the same effect upon the statement as the Employer's approval of an annual statement of account. No successor to the Trustee shall have any duty or responsibility to investigate the acts or transactions of any predecessor who has rendered all statements of account required by Section 7.9 8.8 and this subparagraph.

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE. (a) Unless otherwise agreed to by both the Trustee and the Employer, a The Trustee may resign at any time by delivering to the EmployerCompany, at least thirty (30) days before its effective date, a written notice of his resignation. (b) Unless otherwise agreed to by both The Company may remove the Trustee and the Employerby mailing written notice of its removal by registered or certified mail, the Employer may remove a addressed to such Trustee at any time by delivering to the Trustee's last known address, at least thirty (30) days before its the notice's effective date, a written notice of such Trustee's removal. (c) Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the Employer; Company, and such successor, upon accepting such appointment in writing and delivering same to the EmployerCompany, shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of the his predecessor with like respect as if such successor had been it were originally named as a Trustee herein. Until such a successor is appointed, any the remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. In the event that no successor Trustee is appointed, the Trustee (i) may apply to a court of competent jurisdiction for the appointment of a successor Trustee or for instructions, or (ii) the individual members of the Board of Directors of the Company shall act as successor Trustee. Any expenses incurred by the Trustee in connection with the said application shall be paid from the Trust Fund as an expense of administration. (d) The Employer Company may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Employer Company and accepts such designation, the successor shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of its predecessor with the predecessor like effect as if such successor had been person or entity were originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the his predecessor. (e) Whenever any Trustee hereunder ceases to serve as such, the Trustee it shall furnish to the Employer Company and Administrator a written statement of account with respect to the portion of the Plan Year during which the individual such person or entity served as Trustee. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required under Section 7.9 3.2 of this Trust Agreement or (ii) set forth in a special statement. Any such special statement of account should be rendered to the Employer Company no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.9 for . (f) Upon settlement of the approval by the Employer of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer of any such special statement in the manner provided in Section 7.9 shall have the same effect upon the statement as the EmployerTrustee's approval of an annual statement of account. No successor to , the Trustee shall have any duty or responsibility transfer to investigate the acts or transactions successor Trustee the Trust as it is then constituted and true copies of any predecessor who has rendered its records relating to the Trust Fund. Upon the completion of this transfer, the Trustee's responsibilities under the Trust Agreement shall cease and the Trustee shall be discharged from further accountability for all statements of account required by Section 7.9 matters embraced in its settlement; provided, however, that the Trustee executes and this subparagraphdelivers all documents and written instruments that are necessary to transfer and convey the right, title and interest in the Trust Fund, and all rights and privileges with respect to the Trust Fund, to the successor Trustee.

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE. (a) Unless otherwise agreed to by both the Trustee and the Employer, a The Trustee may resign at any time by delivering to the Employer, at least thirty (30) days before its effective date, a written notice of his resignation. (b) Unless otherwise agreed to by both the Trustee and the Employer, the The Employer may remove a the Trustee by mailing by registered or certified mail, addressed to such Trustee at any time by delivering to the Trusteehis last known address, at least thirty (30) days before its effective date, a written notice of such Trustee's his removal. (c) Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the Employer; and such successor, upon accepting such appointment in writing and delivering same to the Employer, shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of the his predecessor with like respect as if such successor had been he were originally named as a Trustee herein. Until such a successor is appointed, any the remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. (d) The Employer may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Employer and accepts such designation, the successor shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of his predecessor with the predecessor like effect as if such successor had been he were originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the his predecessor. (e) Whenever any Trustee hereunder ceases to serve as such, the Trustee he shall furnish to the Employer and Administrator a written statement of account with respect to the portion of the Plan Year during which the individual or entity he served as Trustee. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required under Section 7.9 7.06 or (ii) set forth in a special statement. Any such special statement of account should be rendered to the Employer no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.9 7.06 for the approval by the Employer of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer of any such special statement in the manner provided in Section 7.9 7.06 shall have the same effect upon the statement as the Employer's approval of an annual statement of account. No successor to the Trustee shall have any duty or responsibility to investigate the acts or transactions of any predecessor who has rendered all statements of account required by Section 7.9 7.06 and this subparagraph.

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE. (a) Unless otherwise agreed to by both the Trustee and the Employer, a a. A Trustee may resign at any time by delivering to the EmployerPlan Administrator, at least thirty sixty (3060) days before its effective date, or another period of time mutually agreed to by the parties hereto, a written notice of resignation. (b) Unless otherwise agreed to by both the Trustee and the Employer, the Employer b. The Plan Administrator may remove a Trustee at any time by delivering to the Trustee, at least thirty sixty (3060) days before its effective date, or another period of time mutually agreed to by the parties hereto, a written notice of such Trustee's removal. (c) c. Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the EmployerPlan Administrator; and such successor, upon accepting such appointment in writing and delivering same to the EmployerPlan Administrator, shall, without further act, become vested with all the powers and responsibilities of the predecessor as if such successor had been originally named as a Trustee herein. Until such a successor is appointed, any remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. (d) d. The Employer Plan Administrator may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Employer Plan Administrator and accepts such designation, the successor shall, without further act, become vested with all the powers and responsibilities of the predecessor as if such successor had been originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the predecessor. (e) e. Whenever any Trustee hereunder ceases to serve as such, the Trustee shall furnish to the Employer and Plan Administrator a written statement of account with respect to the portion of the Plan Year during which the individual or entity it served as Trustee. This statement shall be either either (i) included as part of the annual statement of account for the Plan Year required under Section 7.9 12.04 or (ii) set forth in a special statement. Any such special statement of account should be rendered to the Employer Plan Administrator no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.9 12.04 for the approval by the Employer Plan Administrator of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer Plan Administrator of any such special statement in the manner provided in Section 7.9 12.04 shall have the same effect upon the statement as the EmployerPlan Administrator's approval of an annual statement of account. No successor to the Trustee shall have any duty or responsibility to investigate the acts or transactions of any predecessor who has rendered all statements of account required by hereunder. The Trustee may reserve such sums as it deems necessary to defray its expenses in settling its accounts, to pay any of its compensation due and unpaid, and to discharge any liabilities constituting a charge on or against the assets of the Trust or on or against the Trustee, provided that the Trustee shall provide the Employer with prior written notice (to the extent practicable and if not, as soon as reasonably practicable) before charging the Trust for such expenses. If the reserve is not sufficient for all amounts otherwise payable hereunder, the resigning or removed Trustee shall be entitled to reimbursement for any deficiency from the successor trustee and the Employer, each of which shall be jointly and severally liable therefor, provided that a successor trustee shall be liable not in its individual capacity but solely in its capacity as trustee. When the assets comprising the Trust have been transferred and delivered to the successor trustee, and the accounts of the Trustee have been settled pursuant to Section 7.9 12.04, the Trustee shall be released and this subparagraphdischarged from all further accountability or liability for the Trust and shall not be responsible in any way for the further disposition of the Trust or any part thereof.

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE. (a) Unless otherwise agreed to by both the Trustee and the Employer, a Trustee may resign at any time by delivering to the Employer, at least thirty (30) days before its effective date, a written notice of resignation. (b) Unless otherwise agreed to by both the Trustee and the Employer, the Employer may remove a Trustee at any time by delivering to the Trustee, at least thirty (30) days before its effective date, a written notice of such Trustee's ’s removal. (c) Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the Employer; and such successor, upon accepting such appointment in writing and delivering same to the Employer, shall, without further act, become vested with all the powers and responsibilities of the predecessor as if such successor had been originally named as a Trustee herein. Until such a successor is appointed, any the remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. (d) The Employer may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Employer and accepts such designation, the successor shall, without further act, become vested with all the powers and responsibilities of the predecessor as if such successor had been originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the predecessor. (e) Whenever any Trustee hereunder ceases to serve as such, the Trustee shall furnish to the Employer and Administrator a written statement of account with respect to the portion of the Plan Year during which the individual or entity served as Trustee. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required under Section 7.9 8.8 or (ii) set forth in a special statement. Any such special statement of account should be rendered to the Employer no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.9 8.8 for the approval by the Employer of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer of any such special statement in the manner provided in Section 7.9 8.8 shall have the same effect upon the statement as the Employer's ’s approval of an annual statement of account. No successor to the Trustee shall have any duty or responsibility to investigate the acts or transactions of any predecessor who has rendered all statements of account required by Section 7.9 8.8 and this subparagraph.

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE. (a) Unless otherwise agreed to by both the Trustee and the Employer, a The Trustee may resign at any time by delivering to the Employer, at least thirty sixty (3060) days before its effective date, a written notice of resignation. (b) Unless otherwise agreed to by both the Trustee and the Employer, the The Employer may remove a the Trustee by mailing by registered or certified mail, addressed to such Trustee at any time by delivering to the Trustee’s last known address, at least thirty sixty (3060) days before its effective date, a written notice of such Trustee's ’s removal. (c) Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the Employer; and such successor, upon accepting such appointment in writing and delivering same to the Employer, shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of the predecessor with like respect as if such successor had been Trustee were originally named as a Trustee herein. Until such a successor is appointed, any the remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. (d) The Employer may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Employer and accepts such designation, the successor shall, without further act, become vested with all the powers estate, rights, powers, discretions, and responsibilities duties of such successor’s predecessor with the predecessor like effect as if such successor had been were originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the predecessor. (e) Whenever any Trustee hereunder ceases to serve as such, the Trustee shall furnish to the Employer and Administrator a written statement of account with respect to the portion of the Plan Year during which the individual or entity served as Trustee. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required under Section 7.9 5.06 or (ii) set forth in a special statement. Any such special statement of account should be rendered to the Employer no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.9 5.06 for the approval by the Employer of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer of any such special statement in the manner provided in Section 7.9 5.06 shall have the same effect upon the statement as the Employer's ’s approval of an annual statement of account. No successor to the Trustee shall have any duty or responsibility to investigate the acts or transactions of any predecessor who has rendered all statements of account required by Section 7.9 5.06 and this subparagraphsubsection.