Settlement of Accounts. Notwithstanding any other ---------------------- provision of this Agreement, in the event of the termination of the Trust, or the resignation or discharge of the Trustee, the Trustee shall have the right to a settlement of its accounts, which accounting may be made, at the option of the Trustee, either (a) by a judicial settlement in a court of competent jurisdiction; or (b) by agreement of settlement, release and indemnity from the Company to the Trustee.
Appears in 5 contracts
Samples: Employment Agreement (Champion International Corp), Termination Agreement (Champion International Corp), Employment Agreement (Champion International Corp)
Settlement of Accounts. Notwithstanding any other ---------------------- provision of this Agreement, in the event of the termination of the Trust, or the Upon resignation or discharge removal of the a Trustee, the that Trustee shall have the right to a settlement of its accountsaccount, which accounting may settlement shall be made, at the option of the Trustee’s option, either (a) by an agreement of settlement between the Trustee and the Primary Employer or by a judicial settlement in a court an action instituted by the Trustee. The Primary Employer shall bear the cost of competent jurisdiction; or (b) by agreement of any such judicial settlement, release and indemnity from the Company to the Trusteeincluding reasonable attorney’s fees.
Appears in 3 contracts
Samples: Defined Contribution Plan and Trust (Comstock Resources Inc), 401(k) Profit Sharing Plan Adoption Agreement (Atlas America Inc), Defined Contribution Plan and Trust (Triad Guaranty Inc)
Settlement of Accounts. Notwithstanding any other ---------------------- provision of this Trust Agreement, in the event of the termination of the Trust, or the resignation or discharge of the Trustee, the Trustee shall have the right to a settlement of its accounts, which accounting may be made, at the option of the Trustee, either (ai) by a judicial settlement in a court of competent jurisdiction; jurisdiction or (bii) by agreement of settlement, release and indemnity from the Company to the TrusteeTrustee with the written consent of the Participant Representatives.
Appears in 2 contracts
Samples: Trust Agreement (Air Products & Chemicals Inc /De/), Trust Agreement (Air Products & Chemicals Inc /De/)
Settlement of Accounts. Notwithstanding any other ---------------------- provision In case of this Agreement, in the event of the termination of the Trust, or the resignation or discharge removal of the Trustee, the Trustee it shall have the right to a settlement of its accounts, which accounting may be made, made at the option of the Trusteeits option, either (a1) by a judicial settlement in an action instituted by the Trustee in a court of competent jurisdiction; or (b2) by agreement of settlement, release settlement between the Trustee and indemnity from the Company to the TrusteeDistrict.
Appears in 1 contract
Samples: Trust Agreement
Settlement of Accounts. Notwithstanding any other ---------------------- provision of this Agreement, in the event of the termination of the Trust, or the resignation or discharge of the Trustee, the Trustee shall have the right to a settlement of its accounts, which accounting may be made, at the option of the Trustee, either (a) by a judicial settlement in a court of competent jurisdiction; or (b) by agreement of settlement, release and indemnity from the Company to the Trustee.. ARTICLE VI
Appears in 1 contract
Samples: Termination Agreement (Champion International Corp)
Settlement of Accounts. Notwithstanding any other ---------------------- provision of this Agreement, in the event of the termination of the Trust, or the resignation or discharge of the Trustee, the Trustee shall have the right to a settlement of its accounts, which accounting may be made, at the option of the Trustee, either (a) by a judicial Judicial settlement in a court of competent jurisdiction; jurisdiction-, or (b) by agreement of settlement, release and indemnity from the Company to the Trustee.
Appears in 1 contract
