Common use of Settlement of Accounts Clause in Contracts

Settlement of Accounts. Within sixty days after the close of each Fiscal Year, and within sixty days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Fiscal Year, or during such period from the close of the prior Fiscal Year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year or other period. If within ninety days after the filing of such account the Company has not filed with the Trustee notice or any objection to any act or transaction of the Trustee, the initial account shall become final. If any objection has been filed, and if the Company is satisfied that the objection should be withdrawn, the Company shall in writing filed with the Trustee signify its approval of the account, and it shall become final. If the account is adjusted following an objection thereto, the Trustee shall file with the Company the adjusted account, and if within thirty days after such filing of an adjusted account the Company has not filed with the Trustee notice of any objection to the transactions as so adjusted, the adjusted account shall become final. Unless an account is fraudulent when it becomes final, the Trustee shall, to the maximum extent permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.

Settlement of Accounts. The Trustee shall keep full accounts of all of its receipts and disbursements. Its books and records with respect to the Trust Fund shall be open to inspection by the Company, any Member or any Beneficiary of a deceased Member or their representatives at all times during business hours of the Trustee. Within sixty days after the close Company's fiscal year end, or any termination of each Fiscal Yearthe duties of the Trustee, the Trustee shall prepare, sign and mail to the Company and the Plan Administrator an account of its acts and transactions as Trustee hereunder. If, within sixty days after the removal or resignation mailing of the Trustee account or the termination of the Trustany amended account, the Trustee shall file with Company and the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Fiscal Year, or during such period from the close of the prior Fiscal Year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year or other period. If within ninety days after the filing of such account the Company has Plan Administrator have not filed with the Trustee notice or of any objection to any act or transaction of the Trustee, the initial account or amended account shall become finalan account stated. If any objection has been filed, and if the Company objecting party is satisfied that the objection it should be withdrawnwithdrawn or if the account is adjusted to the objecting party's satisfaction, the Company objecting party shall in writing filed with the Trustee signify its approval of the account, account and it shall become finalan account stated. If the When an account is adjusted following becomes an objection theretoaccount stated, such account shall be finally settled, and the Trustee shall file with be completely discharged and released, as if such account had been settled and allowed by a judgment or decree of a state or federal court of competent jurisdiction in an action or proceeding in which the Trustee, the Company and the adjusted accountPlan Administrator were parties. The Trustee, and if within thirty days after such filing of an adjusted account the Company has not filed with or the Plan Administrator shall have the right to apply at any time to a state or federal court of competent jurisdiction for judicial settlement of any account of the Trustee notice of not previously settled as hereinabove provided. In any objection to the transactions as so adjusted, the adjusted account shall become final. Unless an account is fraudulent when such action or proceeding it becomes final, the Trustee shall, to the maximum extent permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.

Settlement of Accounts. Within sixty Subject to Sections 7.1 and 7.2 hereof, within 60 days after the close of each Fiscal Yearcalendar year, and within sixty 60 days after the removal or resignation of the Trustee or the termination of the TrustTrust (or any portion thereof), the Trustee shall file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it with respect to the Trust during the preceding Fiscal Year, calendar year or during such the period from the close of the prior Fiscal Year preceding calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year calendar year or other period. If It shall be the duty of the Company to review such written account promptly within ninety 90 days after from the date of filing of any such account and if, within such 90-day period, the Company has does not filed file with the Trustee a written notice or any of objection to any act or transaction of the Trustee's acts or transactions, the initial account shall become final. If any objection has been filed, and if the Company is satisfied that the objection should be withdrawn, the Company shall in writing filed with an account stated between the Trustee signify its approval of and the account, and it shall become finalCompany. If the account is adjusted following an Company files a written notice of objection theretowith the Trustee, the Trustee shall may file with the Company the an adjusted account, and if within thirty days after in which case it shall be the duty of the Company to review such filing of an adjusted account promptly within 30 days from the date of its filing. If, within such 30-day period, the Company has not filed with the Trustee fails to file a written notice of any objection to any of the Trustee's acts or transactions as so adjustedadjusted with the Trustee, the adjusted account shall become finalan account stated between the Trustee and the Company. Unless an account is fraudulent fraudulent, when it becomes finalan account stated it shall be finally settled, and the Trustee shall, to the maximum extent permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.

Settlement of Accounts. Within sixty 60 days after the close of each Fiscal Yearcalendar year, and within sixty 60 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Fiscal Year, calendar year or during such the period from the close of the prior Fiscal Year preceding calendar year to the date of such removal, resignation resignation, or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year calendar year or other periodperiod and the Trustee shall give notice of such filing to the Management Voting Trust and the HFCP Investors. Each account so filed shall be open to inspection at the office of the Trustee during normal business hours by any of the Company, the Management Voting Trust or the HFCP Investors (and any person designated by such an entity) at a time mutually acceptable to the Trustee and such entity (or such designee) for a period of 60 days immediately following the date on which the account is filed with the Company. If within ninety 90 days after the filing of such account the Company Company, acting through the Committee, has not filed with the Trustee notice or of any objection to any act or transaction of the Trustee, the initial account shall become finalan account stated as between the Trustee, the Company, and all persons having or claiming to have an interest in the Trust Fund. If any objection has been filed, and if the Company Company, acting through the Committee, is satisfied that the objection it should be withdrawn, the Company objecting party shall in writing filed with the Trustee signify its approval of the account, and it shall become final. If an account stated as between the account is adjusted following an objection theretoTrustee, the Trustee shall file with the Company the adjusted accountCompany, and if within thirty days after such filing of an adjusted account the Company has not filed with the Trustee notice of any objection to the transactions as so adjusted, the adjusted account shall become final. Unless an account is fraudulent when it becomes final, the Trustee shall, to the maximum extent permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.all

Settlement of Accounts. Within sixty Subject to Sections 7.1 and 7.2 hereof, within 60 days after the close of each Fiscal Yearcalendar year, and within sixty 60 days after the removal or resignation of the Trustee or the termination of the TrustTrust (or any portion thereof), the Trustee shall file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it with respect to the Trust during the preceding Fiscal Year, calendar year or during such the period from the close of the prior Fiscal Year preceding calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year calendar year or other period. If It shall be the duty of the Company to review such written account promptly within ninety 90 days after from the date of filing of any such account and if, within such 90-day period, the Company has does not filed file with the Trustee a written notice or any of objection to any act or transaction of the Trustee's acts or transactions, the initial account shall become final. If any objection has been filed, and if the Company is satisfied that the objection should be withdrawn, the Company shall in writing filed with an account stated between the Trustee signify its approval of and the account, and it shall become finalCompany. If the account is adjusted following an Company files a written notice of objection theretowith the Trustee, the Trustee shall may file with the Company the an adjusted account, and if within thirty days after in which case it shall be the duty of the Company to review such filing of an adjusted account promptly within 30 days from the date of its filing. If, within such 30-day period, the Company has not filed with the Trustee fails to file a written notice of any objection to any of the Trustee's acts or transactions as so adjustedadjusted with the Trustee, the adjusted account shall become finalan account stated between the Trustee and the Company. Unless an account is fraudulent fraudulent, when it becomes finalan account stated it shall be finally settled, and the Trustee shall, to the maximum extent extend permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.

Settlement of Accounts. Within sixty 60 days after the close of each Fiscal Yearcalendar half-year, and within sixty 60 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with the Company each Executive a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding Fiscal Year, six-month period or during such the period from the close of the prior Fiscal Year preceding six-month period to the date of such removal, resignation or terminationtermination and pertaining to the Account of such Executive, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year six-month period or other period. If The Trustee shall also file with the Company a copy of each such account. It shall be the duty of the Company to review such written accounts, and of each Executive to review such written account applicable to him, promptly within ninety 60 days after from the date of filing of any such account and if, within such 60-day period, neither the Executive nor the Company has not filed files with the Trustee a written notice or any of objection to any act or transaction of the Trustee's acts or transactions, the initial account shall become final. If any objection has been filed, and if an account stated between the Company is satisfied that the objection should be withdrawnTrustee, the Company shall in writing filed with the Trustee signify its approval of the account, and it shall become finalsuch Executive. If the account is adjusted following Company or an Executive files a written notice of objection theretowith the Trustee, the Trustee shall may file with the Company the and each applicable Executive an adjusted account, in which case it shall be the duty of the Company and if within thirty days after such filing of an Executive to review such adjusted account promptly within 30 days from the date of its filing. If, within such 30-day period, the Company has not filed with the Trustee and such Executive fails to file a written notice of any objection to any of the Trustee's acts or transactions as so adjustedadjusted with the Trustee, the adjusted account shall become finalan account stated between the Trustee, such Executive and the Company. Unless an account is fraudulent fraudulent, when it becomes finalan account stated it shall be finally settled, and the Trustee shall, to the maximum extent permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.

Settlement of Accounts. Within sixty Subject to Sections 7.1 and 7.2 hereof, within 60 days after the close of each Fiscal Yearcalendar year, and within sixty 60 days after the removal or resignation of the Trustee or the termination of the TrustTrust (or any portion thereof), the Trustee shall file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it with respect to the Trust during the preceding Fiscal Year, calendar year or during such the period from the close of the prior Fiscal Year preceding calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year calendar year or other period. If It shall be the duty of the Company to review such written account promptly within ninety 90 days after from the date of filing of any such account and if, within such 90-day period, the Company has does not filed file with the Trustee a written notice or any of objection to any act or transaction of the Trustee’s acts or transactions, the initial account shall become final. If any objection has been filed, and if the Company is satisfied that the objection should be withdrawn, the Company shall in writing filed with an account stated between the Trustee signify its approval of and the account, and it shall become finalCompany. If the account is adjusted following an Company files a written notice of objection theretowith the Trustee, the Trustee shall may file with the Company the adjusted account, and if within thirty days after in which case it shall be the duty of the Company to review such filing of an adjusted account promptly within 30 days from the date of its filing. If, within such 30-day period, the Company has not filed with the Trustee fails to file a written notice of any objection to any of the Trustee’s acts or transactions as so adjustedadjusted with the Trustee, the adjusted account shall become finalan account stated between the Trustee and the Company. Unless an account is fraudulent fraudulent, when it becomes finalan account stated it shall be finally settled, and the Trustee shall, to the maximum extent permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.

Settlement of Accounts. Within sixty Subject to Subsections 7.1 and 7.2, within 60 days after the close of each Fiscal Yearcalendar year, and within sixty 60 days after the removal or resignation of the Trustee or the termination of the TrustTrust (or any portion thereof), the Trustee shall file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it with respect to the Trust during the preceding Fiscal Year, calendar year or during such the period from the close of the prior Fiscal Year preceding calendar year to the date of such removal, resignation or termination, including a description of all investments and securities purchased and sold, with the cost or net proceeds of such purchases or sales, and showing all cash, securities and other property held at the end of such Fiscal Year calendar year or other period. If It shall be the duty of the Company to review such written account promptly within ninety 90 days after from the date of filing of any such account and if, within such 90-day period, the Company has does not filed file with the Trustee a written notice or any of objection to any act or transaction of the Trustee's acts or transactions, the initial account shall become final. If any objection has been filed, and if the Company is satisfied that the objection should be withdrawn, the Company shall in writing filed with an account stated between the Trustee signify its approval of and the account, and it shall become finalCompany. If the account is adjusted following an Company files a written notice of objection theretowith the Trustee, the Trustee shall may file with the Company the an adjusted account, and if within thirty days after in which case it shall be the duty of the Company to review such filing of an adjusted account promptly within 30 days from the date of its filing. If, within such 30-day period, the Company has not filed with the Trustee fails to file a written notice of any objection to any of the Trustee's acts or transactions as so adjustedadjusted with the Trustee, the adjusted account shall become finalan account stated between the Trustee and the Company. Unless an account is fraudulent fraudulent, when it becomes finalan account stated it shall be finally settled, and the Trustee shall, to the maximum extent permitted by applicable law, be forever released and discharged from all liability and accountability with respect to the propriety of its acts and transactions shown in such account.