Responsibility of the Trustee. (a) The Trustee shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; provided, however, that the Trustee shall incur no liability to any person for any action taken pursuant to a direction, request or approval given by an Employer which is given in writing by the Employer.
Appears in 3 contracts
Samples: Trust Agreement (Trinity Industries Inc), Trinity Industries Inc, Trinity Marine Products, Inc.
Responsibility of the Trustee. (a) The Trustee shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; , provided, however, that the Trustee shall incur no liability to any person for any action taken pursuant to a the written direction, request or approval given by an Employer which is given in writing by of the EmployerCompany. In the event of a dispute between the Company and a third party, the Trustee may apply to a court of competent jurisdiction to resolve the dispute.
Appears in 2 contracts
Samples: Retirement Plan Trust Agreement (Met Pro Corp), Retirement Plan Trust Agreement (Met Pro Corp)
Responsibility of the Trustee. (a) The Trustee shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; provided, however, that the Trustee shall incur no liability to any person for any action taken pursuant to a direction, request or approval given by an Employer which is contemplated by, and in conformity with, the terms of the Plans or this Trust and is given in writing by the Employer.
Appears in 2 contracts
Samples: Trinity Marine Products, Inc., Trinity Industries Inc
Responsibility of the Trustee. (a) 7.1 The Trustee shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; provided, however, that the Trustee shall incur no liability to any person anyone for any action taken pursuant to a direction, request request, or approval given by an Employer which is given in writing the Company or any Participant (or any beneficiary of a Participant) contemplated by and complying with the Employerterms of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Supervalu Inc)
Responsibility of the Trustee. (a) The Trustee shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; provided. In the event of a dispute between the Company and a party, however, that the Trustee shall incur no liability to any person for any action taken pursuant may apply to a direction, request or approval given by an Employer which is given in writing by court of competent jurisdiction to resolve the Employerdispute.
Appears in 1 contract
Samples: Trust Under Deferred Compensation Plan (Aeroflex Inc)
Responsibility of the Trustee. (a) The Trustee shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; , provided, however, that the Trustee shall incur no liability to any person for any action taken pursuant to a direction, request or approval given by an Employer the Company which is given in writing by the Employer.contemplated by, and
Appears in 1 contract
Samples: Grantor Trust Agreement (Minerals Technologies Inc)