Common use of TAXES, EXPENSES AND COMPENSATION Clause in Contracts

TAXES, EXPENSES AND COMPENSATION. 9.1 The Company shall from time to time pay taxes of any and all kinds whatsoever which at any time are lawfully levied or assessed upon or become payable in respect of the Trust Fund, the income or any property forming a part thereof, or any security transaction pertaining thereto. To the extent that any taxes levied or assessed upon the Trust Fund are not paid by the Company, the Trustee shall pay such taxes out of the Trust Fund. The Trustee shall if requested by the Company, or may, in his discretion, contest the imposition of taxes in any manner deemed appropriate by the Company or its counsel, but at Company expense, and only if he has received an indemnity bond or other security satisfactory to him to pay any such expenses. Notwithstanding the foregoing, the Trustee shall not be obligated to contest the imposition of tax unless he receives an opinion of counsel, or of a certified public accounting firm of national reputation, satisfactory to him to the effect that there is a reasonable basis in law and fact for such contest. In the alternative, the Company may itself contest the validity of any such taxes. 9.2 The Company shall pay the Trustee such compensation for his services as may be agreed upon in writing from time to time by the Company and the Trustee. The Company shall also pay the reasonable expenses incurred by the Trustee in the performance of his duties under this Trust Agreement, including but not limited to brokerage commissions and fees of counsel engaged by the Trustee pursuant to Section 9.1. Such compensation and expenses shall be charged against and paid from the Trust Fund to the extent the Company does not pay such compensation.

TAXES, EXPENSES AND COMPENSATION. 9.1 11.1 The Company Employer shall from time to time pay taxes of any and all kinds whatsoever which at any time are lawfully levied or assessed upon or become payable in respect of the Trust Fund, the income or any property forming a part thereof, or any security transaction pertaining thereto. To the extent that any taxes levied or assessed upon the Trust Fund are not paid by the CompanyEmployer, the Trustee shall pay such taxes out of the Trust Fund. The Trustee shall if requested by the CompanyEmployer, or may, in his its discretion, contest the imposition validity of taxes in any manner deemed appropriate by the Company Employer or its counsel, but at Company the Employer's expense, and only if he it has received an indemnity bond or other security satisfactory to him it to pay any such expenses. Notwithstanding the foregoing, the Trustee shall not be obligated to contest the imposition of tax unless he receives an opinion of counsel, or of a certified public accounting firm of national reputation, satisfactory to him to the effect that there is a reasonable basis in law and fact for such contest. In the alternative, the Company Employer may itself contest the validity of any such taxes. The Trustee will withhold federal and state income taxes from any payments made to a Trust Beneficiary in accordance Section 6.5 of this Agreement. 9.2 11.2 The Company Employer shall pay the Trustee such reasonable compensation for his its services as may be agreed upon in writing from time to time by the Company Employer and the Trustee. The Company Employer shall also pay the reasonable expenses incurred by the Trustee in the performance of his its duties under this Trust Agreement, including but not limited to brokerage commissions and fees of counsel engaged by the Trustee pursuant to Section 9.15.1(i) of this Trust Agreement. Such compensation and expenses shall be charged against and paid from the Trust Fund Fund, to the extent the Company Employer does not pay such compensation.

TAXES, EXPENSES AND COMPENSATION. 9.1 6.1 The Company shall from time to time pay taxes of any and all kinds whatsoever which at any time are lawfully levied or assessed upon or become payable in respect of the Trust Fund, the income or any and property forming a part thereof, thereof or any security transaction pertaining thereto. To the extent that any taxes levied or assessed upon the Trust Fund are not paid by the Company, the Trustee shall pay such taxes out of the Trust Fund. The Trustee shall if requested by shall, at the Company, or may, in his discretion's expense, contest the imposition validity of such taxes in any manner deemed appropriate by the Company or its counsel, but at Company expense, and only if he it has received an indemnity bond or other security satisfactory to him it to pay any expenses of such expenses. Notwithstanding the foregoingcontest; provided, however, the Trustee shall not be obligated have no obligation to contest the imposition of tax unless he if it receives an opinion of counsel, or of a certified public accounting firm of national reputation, satisfactory to him counsel retained by the Trustee to the effect that there is a reasonable no basis in law and or fact for such contest. In the alternativeAlternatively, the Company may itself out of Company funds contest the validity of any such taxes. 9.2 The Company shall pay the Trustee such compensation for his services as may be agreed upon in writing from time to time by the Company and the Trustee. The Company shall also pay the 6.2 Any other reasonable expenses incurred by the Trustee in the performance of his its duties under this Trust Agreement, including but not limited to brokerage commissions and commissions, or counsel fees of counsel engaged incurred by the Trustee, shall be charged against and paid from the Trust Fund to the extent that the Company does not promptly pay such expenses on request. 6.3 The Company will pay the Trustee pursuant such reasonable compensation for its services computed in the manner and at the rates specified in Exhibit C as may be agreed upon from time to Section 9.1time by the Participants, the Company and the Trustees. Such compensation and expenses shall be charged against and paid from the Trust Fund to the extent the Company does not promptly pay such compensationcompensation on request. The compensation and expenses of the Trustee shall constitute a lien on the Trust Fund.

TAXES, EXPENSES AND COMPENSATION. 9.1 (a) The Company shall from time to time pay taxes of any and all kinds whatsoever which at any time are lawfully levied or assessed upon or become payable in respect of the Trust FundTrust, the income or any property forming a part thereof, or any security transaction pertaining thereto. To the extent that any taxes lawfully levied or assessed upon the Trust Fund are not paid by the Company, the Trustee shall pay such taxes out of the Trust FundTrust. The Trustee shall if requested by the Company, or may, in his discretion, may contest the imposition validity of taxes taxes, at the direction of, and in any manner deemed appropriate by by, the Company or its counsel, but only at Company expense, expense and only if he it has received an indemnity bond or other security satisfactory to him it to pay any such expenses. Notwithstanding the foregoing, the Trustee shall not be obligated to contest the imposition of tax unless he receives an opinion of counsel, or of a certified public accounting firm of national reputation, satisfactory to him to the effect that there is a reasonable basis in law and fact for such contest. In the alternativeAlternatively, the Company itself may itself contest the validity of any such taxes. 9.2 (b) The Company shall pay the Trustee such reasonable compensation for his its services as may be agreed upon in writing from time to time by the Company and the Trustee. The Company shall also pay the reasonable expenses incurred by the Trustee in the performance of his its duties under this Trust Agreement, including but not limited to brokerage commissions and fees of counsel engaged by the Trustee pursuant to Section 9.1section (a) above. Such compensation and expenses shall be charged against and paid from the Trust Fund to the extent the Company does not pay such compensation.