Responsibilities of the Trustee. (a) The Trustee, in the administration of the Trust Account, is to be bound solely by the express provisions herein, and such further written and signed directions as the appropriate party or parties may, under the conditions herein provided, deliver to the Trustee. The Trustee shall be under no obligation to enforce the Grantor’s obligations under this Trust Agreement, except as otherwise expressly provided or directed pursuant hereto. The Trustee shall be restricted to holding title to, operating and collecting the Assets comprising the Trust Account and the payment and distribution thereof for the purposes set forth in this Trust Agreement and to the conservation and protection of such Assets and the administration thereof in accordance with the provisions of this Trust Agreement, and the Trustee shall be liable only for its own negligence, willful misconduct or lack of good faith and for the breach of the Trustee’s obligations under this Trust Agreement; provided, however, that any actions taken in strict accordance with written instructions provided to the Trustee from the parties hereto will not constitute a breach of the Trustee’s obligations under this Trust Agreement. Upon request of the Grantor or the Beneficiaries’ Agent, the Trustee further agrees promptly to forward to such party a statement of all Assets held in the Trust Account.
(b) Subject to the other provisions of this Trust Agreement, including the requirement that only Eligible Investments may be held in the Trust Account, and provisions relating to the substitution of Assets, (i) the Grantor or an asset manager appointed by Grantor shall have the irrevocable authority and sole power to direct the Trustee, in the Grantor’s sole discretion, with respect to all aspects of the management or investment of the Assets contained in the Trust Account and (ii) the Trustee and the Beneficiaries’ Agent each acknowledges that it has no authority with respect to such management or investment activities, the Trustee agrees it will not exercise any discretion or take any action with respect to the matters in clause (i) above and the Trustee will take any actions related thereto as directed by the Grantor in writing in accordance therewith. Any deposit or investment directed by the Grantor or its investment advisor shall constitute a certification to the Trustee that the assets deposited or to be purchased pursuant to such directions are Eligible Investments. The Trustee shall be under no duty or resp...
Responsibilities of the Trustee. 受託人之責任
1.15.1 The Trustee shall manage and utilize trust property with the care of a good administrator and assume fiduciary duties in accordance with the Trust Act, Trust Enterprise Act, this Agreement, and banking practices and laws and regulations applicable to the investment object 受託人應依信託法、信託業法、本契約、投資標的相關法令及相關金融慣例，並以善良管理人之注意義務管理運用信託財產，並負忠實義務。
1.15.2 The Trustee may engage a third person to handle trust affairs, provided the Trustee is merely responsible for appointing, and supervising the performance of duties by, the third person. Costs arising therefrom will be borne by the trust property. 受託人得委任第三人代為處理信託事務，惟受託人僅就該第三人之選任與監督其職務之執行負其責任，且因此所生費用概由信託財產負擔。
1.15.3 The Trustee/Beneficiary agrees the Trustee may perform the following acts with trust property:
1.15.3.1 Purchase securities or notes brokered by its banking department. 以信託財產購買其銀行業務部門經紀之有價證券或票券。
1.15.3.2 Deposit the trust property with its banking department or that of an interested party as a deposit, or engage in foreign exchange transactions with its banking department. 以信託財產存放於其銀行業務部門或其利害關係人處作為存款或與其銀行業務部門為外匯相關之交易。
1.15.3.3 Engage in transactions with itself or an interested party other than transactions specified in Paragraph 1, Article 25 of the Trust Enterprise Act. 以信託財產與其本身或其利害關係人為信託業法第二十五條第一項以外之其他交易。
1.15.3.4 Purchase securities or notes issued or underwritten by itself or an interested party. 購買本身或其利害關係人發行或承銷之有價證券或票券。
1.15.3.5 Purchase properties of itself or an interested party. 購買本身或其利害關係人之財產。
1.15.3.6 Sell the trust property to itself or an interested party. 讓售與本身或其利害關係人。
1.15.3.7 Other transactions of interested parties as regulated by the competent authority. 其他經主管機關規定之利害關係交易行為。 However, Subparagraphs (4) to (6) do not apply to bonds issued by the government
1.15.4 The Trustee is not responsible for losses arising out of closing, changes in exchange rates and interest rates, or other market factors and risks in connection with its utilization of trust property in any domestic or foreign investment object or losses caused by the action or inaction of operators of investment objects such as issuers and fund managers, or related institutions such as domestic and foreign custodians, agents, investment consultants, securities firms, authentication institutions, accountants and lawyers etc 受託人運用信託財產於任何國內外之投資標的，因辦理交割、匯率、利率變動、或其他市場環境因素、風險而生之一切損失；或因投資標的經營者如發行機構、基金經理公司等，或其相關機構如國內外保管機構、代理機構、投資顧問、證券商、簽證機構、會計師、律師等之一切作為或不作為所致之損失，受託人不負任何責任。.
1.15.5 The Trustee is not responsible for the loss, exp...
Responsibilities of the Trustee. In addition to the powers, rights and responsibilities enumerated under this ASC Trust Agreement (Governmental), the Trustee has all powers necessary to carry out its duties in a prudent manner. The Trustee’s powers, rights and responsibilities may be modified, supplemented or limited by a separate trust agreement or addendum, investment policy, funding agreement, or other binding document entered into between the Trustee and the Plan Administrator or Employer. Such binding document must designate the Trustee’s responsibilities with respect to the Plan. A separate trust agreement or addendum, investment policy, funding agreement, or other binding document must be consistent with the terms of the Plan and must comply with all qualification requirements under the Code and regulations. To the extent the exercise of any power, right or responsibility is subject to discretion, such exercise by a Directed Trustee must be made at the direction of the Plan Administrator, the Employer, an investment manager, a Plan Participant or other properly authorized person.
Responsibilities of the Trustee. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Waiver Agreement or for or in respect of the recitals contained herein, all of which are made solely by the Company.
Responsibilities of the Trustee. The Trustee shall have the power and responsibility indicated in the Trust Agreement executed between the Employer and the Trustee.
Responsibilities of the Trustee. The Trustee will answer for the claims for not complying with its obligations under the Trust. Additionally, the Trustee will not be responsible of the following:
a) Acts and omissions of the Settlor, regulators or third parties, that impede or make difficult the fulfillment of the purposes of the Trust.
b) The defense of the assets, because if such defense is necessary, the Trustee will only be obligated to gxxxx xxxxxx of attorney for collections and claims in terms of clause seventeenth below.
c) If the Trust Management Committee instructs the Trustee to perform an act in conformity with the Trust, the committee will be liable before the Trustee and before any third party for any responsibility that might be imposed on the Trustee as consequence of the execution of such act, and will release the Trustee of any claim against it initiated by a third party as consequence of the performance of the acts expressly instructed in accordance with this Trust Agreement.
d) It is hereby agreed that the Trustee will not be held responsible if it acts in accordance with any notice, consent, certificate or other instrument or document that is consider genuine and that is signed by the corresponding party or parties, or based in a written representation or that is considered duly prepared by the Settlor or the Trust Management Committee.
Responsibilities of the Trustee. (a) The Trustee shall:
(1) Discharge its duties solely in the interest of and for the exclusive purpose of providing benefits to the Participants and their Beneficiaries;
(2) Carry out the directions of the Participants or of the Employer; and
(3) Act with the care, skill, prudence and diligence under the prevailing circumstances that a prudent person 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 under conditions prevailing at the time.
(b) Upon the receipt of any investment instructions from any Participant or from the Employer, the Trustee shall make such investment promptly, and shall retain it until further instructed by such Participant or by
Responsibilities of the Trustee. The Trustee, in the administration of the Trust Account, is to be bound solely by the express provisions herein, and such further written and signed directions as the appropriate party or parties may, under the conditions herein provided, deliver to the Trustee. The Trustee shall be under no obligation to enforce the Grantor’s obligations under this Trust Agreement, except as otherwise expressly provided or directed pursuant hereto. The Trustee shall be restricted to holding title to, operating and collecting the Assets comprising the Trust Account and the payment and distribution thereof for the purposes set forth in this Trust Agreement and to the conservation and protection of such Assets and the administration thereof in accordance with the provisions of this Trust Agreement, and the Trustee shall be liable only for its own negligence, willful misconduct, lack of good faith or breach of fiduciary duty and for the breach of the Trustee’s obligations under this Trust Agreement. The Trustee further agrees to forward upon request of the Beneficiary, the Grantor or any Insurance Commissioner a certified list and valuation of all Assets held under this Trust Agreement.
Responsibilities of the Trustee. 27 ARTICLE VII VALUATIONS...................................................................... 28
Responsibilities of the Trustee
