Common use of Settlement of Accounts Clause in Contracts

Settlement of Accounts. The Trustee shall keep full accounts of all of its receipts and disbursements. The Trustee's 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 December 31 of each year (or such other date as may be agreed to by the Company and the Trustee), or any termination of the duties of the Trustee, the Trustee shall prepare, sign and mail to the Company and the Committee an account of its acts and transactions as Trustee hereunder. If, within sixty days after the mailing of the account or any amended account, the Company and the Committee have not filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended account shall become an account stated. If any objection has been filed, and if the objecting party is satisfied that it should be withdrawn or if the account is adjusted to the objecting party's satisfaction, the objecting party shall in writing filed with the Trustee signify its approval of the account and it shall become an account stated. When an account becomes an account stated, such account shall be finally settled, and the Trustee shall be completely discharged and released, as if such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction in an action or proceeding in which the Trustee, the Company and the Committee were parties. The Trustee, the Company or the Committee shall have the right to apply at any time to a court of competent jurisdiction for judicial settlement of any account of the Trustee not previously settled as hereinabove provided. In any such action or proceeding it shall be necessary to join as parties the Trustee, the Company and the Committee and any judgment or decree entered therein shall be conclusive upon all such parties.

Settlement of Accounts. The Within 60 days after the close of each calendar year, and within 60 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall keep full accounts file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding calendar year or during the period from the close of the 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 its receipts such purchases or sales, and disbursements. The Trustee's books showing all cash, securities and records with respect other property held at the end of such calendar year or other period and the Trustee shall give notice of such filing to the Management Voting Trust Fund 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 Member, or any Beneficiary of person designated by such an entity) at a deceased Member, or their representatives at all times during business hours of time mutually acceptable to the Trustee. Within sixty days after December 31 of each year Trustee and such entity (or such other designee) for a period of 60 days immediately following the date as may be agreed to by on which the Company and account is filed with the Trustee), or any termination of the duties of the Trustee, the Trustee shall prepare, sign and mail to the Company and the Committee an account of its acts and transactions as Trustee hereunderCompany. If, If within sixty 90 days after the mailing filing of such account the account or any amended accountCompany, acting through the Company and the Committee have Committee, has not filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended initial account shall become an account statedstated 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 objecting party Company, acting through the Committee, is satisfied that it should be withdrawn or if the account is adjusted to the objecting party's satisfactionwithdrawn, the objecting party shall in writing filed with the Trustee signify its approval of the account account, and it shall become an account stated. When an account becomes an account stated, such account shall be finally settled, and the Trustee shall be completely discharged and released, stated as if such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction in an action or proceeding in which between the Trustee, the Company Company, and the Committee were parties. The Trustee, the Company or the Committee shall have the right to apply at any time to a court of competent jurisdiction for judicial settlement of any account of the Trustee not previously settled as hereinabove provided. In any such action or proceeding it shall be necessary to join as parties the Trustee, the Company and the Committee and any judgment or decree entered therein shall be conclusive upon all such parties.all

Settlement of Accounts. The Within 60 days after the close of each ---------------------- calendar year, and within 60 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall keep full accounts file with the Company a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding calendar year, or during such period from the close of the prior 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 its receipts such purchases or sales, and disbursementsshowing all cash, securities, and other property held at the end of such calendar year or other period. The Trustee's books and records with respect to the Trust Fund Each account so filed shall be open to inspection by at the Company, any Member, or any Beneficiary office of a deceased Member, or their representatives at all times the Trustee during normal business hours of the Trustee. Within sixty days after December 31 of each year (or such other date as may be agreed to by the Company and the Trustee), or by any termination person appointed in writing by a majority of the duties Participants identified in the last preceding annual accrued benefit information provided to the Trustee pursuant to Section 4.4(c). For purposes of any such appointment, each Participant shall have one "vote", irrespective of how many of the TrusteePlans he participates in, and multiple beneficiaries of a single deceased Participant shall share one vote. (Hereinafter, such person, if any is so appointed, is referred to as "the Trustee shall prepare, sign and mail to the Company and the Committee an account of its acts and transactions as Trustee hereunder. If, Participant's representative".) If within sixty 90 days after the mailing filing of the such account or any amended account, neither the Company and nor the Committee have not Participants' representative, if any, has filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended initial account shall become an account statedstated 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 objecting party Company or the Participants' representative who filed such objection is satisfied that it should be withdrawn or if the account is adjusted to the objecting party's satisfactionwithdrawn, the objecting party shall in writing filed with the Trustee signify its approval of the account account, and it shall become an account statedstated as between the Trustee, the Company, and all persons having or claiming to have an interest in the Trust Fund. If the account is adjusted following an objection thereto, the Trustee shall file with the Company and make available for inspection by the Participants' representative the adjusted account, and if within 30 days after such filing of an adjusted account neither the Company nor the Participants' representative, if any, has filed with the Trustee notice of any objection to the transactions as so adjusted, the adjusted account shall become an account stated as between the Trustee, the Company, and all persons having or claiming to have an interest in the Trust Fund. When an account becomes an account stated, such account is stated it shall be finally settled, and the Trustee shall shall, to the maximum extent permitted by applicable law, be completely forever released and discharged from all liability and released, as if accountability with respect to the propriety of its acts and transactions shown in such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction in an action or proceeding in which the Trustee, the Company and the Committee were parties. The Trustee, the Company or the Committee shall have the right to apply at any time to a court of competent jurisdiction for judicial settlement of any account of the Trustee not previously settled as hereinabove provided. In any such action or proceeding it shall be necessary to join as parties the Trustee, the Company and the Committee and any judgment or decree entered therein shall be conclusive upon all such partiesaccount.

Settlement of Accounts. Within 60 days after the close of each calendar half-year, and within 60 days after the removal or resignation of the Trustee or the termination of the Trust, the Trustee shall file with each Executive a written account setting forth all investments, receipts, disbursements and other transactions effected by it during the preceding six-month period or during the period from the close of the preceding six-month period to the date of such removal, resignation or termination 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 six-month period or other period. The Trustee shall keep full accounts also file with the Company a copy of all of its receipts and disbursementseach such account. The Trustee's books and records with respect to the Trust Fund It shall be open the duty of the Company to inspection by review such written accounts, and of each Executive to review such written account applicable to him, promptly within 60 days from the Companydate of filing any such account and if, within such 60-day period, neither the Executive nor the Company files with the Trustee a written notice of objection to 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 December 31 of each year ('s acts or such other date as may be agreed to by transactions, the initial account shall become an account stated between the Trustee, the Company and such Executive. If the Trustee), Company or any termination an Executive files a written notice of the duties of objection with the Trustee, the Trustee shall prepare, sign and mail to may file with the Company and each applicable Executive an adjusted account, in which case it shall be the Committee an duty of the Company and such Executive to review such adjusted account promptly within 30 days from the date of its acts and transactions as Trustee hereunderfiling. If, within sixty days after the mailing of the account or any amended accountsuch 30-day period, the Company and the Committee have not filed with the Trustee such Executive fails to file a written notice of any objection to any act of the Trustee's acts or transaction of transactions as so adjusted with the Trustee, the account or amended adjusted account shall become an account statedstated between the Trustee, such Executive and the Company. If any objection has been filed, and if the objecting party is satisfied that it should be withdrawn or if the Unless an account is adjusted to the objecting party's satisfactionfraudulent, the objecting party shall in writing filed with the Trustee signify its approval of the account and when it shall become an account stated. When an account becomes an account stated, such account stated it shall be finally settled, and the Trustee shall shall, to the maximum extent permitted by applicable law, be completely forever released and discharged from all liability and released, as if accountability with respect to the propriety of its acts and transactions shown in such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction in an action or proceeding in which the Trustee, the Company and the Committee were parties. The Trustee, the Company or the Committee shall have the right to apply at any time to a court of competent jurisdiction for judicial settlement of any account of the Trustee not previously settled as hereinabove provided. In any such action or proceeding it shall be necessary to join as parties the Trustee, the Company and the Committee and any judgment or decree entered therein shall be conclusive upon all such partiesaccount.

Settlement of Accounts. The Trustee shall keep full accounts of all of its receipts and disbursements. The Trustee's Its books and records with respect to the Trust Fund shall be open to inspection by the CompanyEmployer, any Member, Participant or any Beneficiary of a deceased Member, Participant or their representatives at all times during business hours of the Trustee. Within sixty days after December 31 December31 of each year (or such other date as may be agreed to by the Company and the Trustee)year, or any termination of the duties of the Trustee, the Trustee shall prepare, sign and mail to the Company Employer and the Committee Administrator an account of its acts and transactions as Trustee hereunder. If, within sixty days after the mailing of the account or any amended account, the Company Employer and the Committee Administrator have not filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended account shall become an account stated. If any objection has been filed, and if the objecting party is satisfied that it should be withdrawn or if the account is adjusted to the objecting party's satisfaction, the objecting party shall in writing filed with the Trustee signify its approval of the account and it shall become an account stated. When an account becomes an account stated, such account shall be finally settled, and the Trustee shall be completely discharged and released, as if such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction in an action or proceeding in which the Trustee, the Company Employer and the Committee Administrator were parties. The Trustee, the Company Employer or the Committee Administrator shall have the right to apply at any time to a court of competent jurisdiction for judicial settlement of any account of the Trustee not previously settled as hereinabove provided. In any such action or proceeding it shall be necessary to join as parties the Trustee, the Company Employer and the Committee Administrator and any judgment or decree entered therein shall be conclusive upon all such parties.

Settlement of Accounts. The Trustee shall keep full accounts of all of its receipts and disbursements. The Trustee's Its books and records with respect to the Trust Fund shall be open to inspection by the Company, any Member, Member or any Beneficiary of a deceased Member, Member or their representatives at all times during business hours of the Trustee. Within sixty days after December 31 of each the Company's fiscal year (or such other date as may be agreed to by the Company and the Trustee)end, or any termination of the duties of the Trustee, the Trustee shall prepare, sign and mail to the Company and the Committee Plan Administrator an account of its acts and transactions as Trustee hereunder. If, within sixty days after the mailing of the account or any amended account, the Company and the Committee Plan Administrator have not filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended account shall become an account stated. If any objection has been filed, and if the objecting party is satisfied that it should be withdrawn or if the account is adjusted to the objecting party's satisfaction, the objecting party shall in writing filed with the Trustee signify its approval of the account and it shall become an account stated. When an account becomes an account stated, such account shall be finally settled, and the Trustee shall 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 Committee Plan Administrator were parties. The Trustee, the Company or the Committee 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 not previously settled as hereinabove provided. In any such action or proceeding it shall be necessary to join as parties the Trustee, the Company and the Committee and any judgment or decree entered therein shall be conclusive upon all such parties.shall

Settlement of Accounts. The Subject to the confidentiality requirements of Subsections 7.1 and 7.2, within 10 days after the close of each calendar quarter, and within 60 days after the removal or resignation of the Trustee or the termination of the Trust (or any portion thereof), the Trustee shall keep full accounts of file with the Company a written account setting forth all of its receipts investments, receipts, disbursements and disbursements. The Trustee's books and records other transactions effected by it with respect to the Trust Fund during the preceding calendar quarter or during the period from the close of the preceding calendar quarter 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, and the value thereof, held at the end of such calendar quarter or other period. It shall be open the duty of the Company to inspection by review such written account promptly within 90 days from the Companydate of filing any such account and if, within such 90-day period, the Company does not file with the Trustee a written notice of objection to any Member, or any Beneficiary of a deceased Member, or their representatives at all times during business hours of the Trustee's acts or transactions, the initial account shall become an account stated between the Trustee and the Company. Within sixty days after December 31 of each year (or such other date as may be agreed to by If the Company and the Trustee), or any termination files a written notice of the duties of objection with the Trustee, the Trustee shall prepare, sign and mail to may file with the Company and an adjusted account, in which case it shall be the Committee an duty of the Company to review such adjusted account promptly within 30 days from the date of its acts and transactions as Trustee hereunderfiling. If, within sixty days after the mailing of the account or any amended accountsuch 30-day period, the Company and the Committee have not filed with the Trustee fails to file a written notice of any objection to any act of the Trustee's acts or transaction of transactions as so adjusted with the Trustee, the account or amended adjusted account shall become an account statedstated between the Trustee and the Company. If any objection has been filed, and if the objecting party is satisfied that it should be withdrawn or if the Unless an account is adjusted to the objecting party's satisfactionfraudulent, the objecting party shall in writing filed with the Trustee signify its approval of the account and when it shall become an account stated. When an account becomes an account stated, such account stated it shall be finally settled, and the Trustee shall shall, to the maximum extent permitted by applicable law, be completely forever released and discharged from all liability and released, as if accountability with respect to the propriety of its acts and transactions shown in such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction in an action or proceeding in which the Trustee, the Company and the Committee were parties. The Trustee, the Company or the Committee shall have the right to apply at any time to a court of competent jurisdiction for judicial settlement of any account of the Trustee not previously settled as hereinabove provided. In any such action or proceeding it shall be necessary to join as parties the Trustee, the Company and the Committee and any judgment or decree entered therein shall be conclusive upon all such partiesaccount.

Settlement of Accounts. The Trustee shall keep full accounts of all of its receipts and disbursements. The Trustee's 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 Memberthe Committee, or their representatives at all times during business hours of the Trustee. Within The Trustee shall use its best efforts to prepare, sign and mail to the Company and the Committee within sixty days (but in no event more than ninety days) after December 31 December31 of each year (or such other date as may be agreed to by the Company and the Trustee), or any termination of the duties of the Trustee, the Trustee shall prepare, sign and mail to the Company and the Committee an account of its acts and transactions as Trustee hereunder. If, within sixty days one year after the mailing of the account or any amended account, the Company and the Committee have not filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended account shall become an account stated. If any objection has been filed, and if the objecting party is satisfied that it should be withdrawn or if the account is adjusted to the objecting party's satisfaction, the objecting party shall in writing filed with signify to the Trustee signify its approval of the account and it shall become an account stated. When an account becomes an account stated, such account shall be finally settledsettled absent manifest error, and the Trustee shall be completely discharged and released, as if such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction in an action or proceeding in which the Trustee, the Company and the Committee were parties. The Trustee, the Company or the Committee shall have the right to apply at any time to a court of competent jurisdiction for judicial settlement of any account of the Trustee not previously settled as hereinabove provided. In any such action or proceeding it shall be necessary to join as parties the Trustee, the Company Company, and the Committee and any judgment or decree entered therein shall be conclusive upon all such parties.