Standard of Conduct and Liabilities of Fiduciaries. (a) The Trustee and each fiduciary hereunder shall discharge its duties hereunder solely in the interest of the Participants and for the exclusive purpose of providing benefits to Participants and for paying reasonable expenses of administering the Plan. The Trustee and each fiduciary hereunder shall perform all of its duties 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, or in accordance with such other standard as may, from time to time, be required by law, and in accordance with the Plan and this Trust Agreement, insofar as they are consistent with ERISA. The Trustee and each fiduciary hereunder shall not cause the Trust to engage in a transaction if it knows or should know that such transaction directly or indirectly constitutes a prohibited transaction under ERISA Section 406 or Section 407 that is not exempt under ERISA Section 408. The fiduciary standards reflected in this Section 4.01(a) shall apply to the parties hereunder according to and limited by the scope of such party’s duties, as expressly described in this Trust Agreement.
