Common use of Trust Agreement Controls Clause in Contracts

Trust Agreement Controls. The Trustee is not subject to the terms of the Berkshire Preferred Stock and, in the event of any conflict between the terms of the Berkshire Preferred Stock and the provisions of this Agreement, the provisions of this Agreement shall control.

Trust Agreement Controls. The Trustee is not subject to the terms of the Berkshire Zenith Preferred Stock and, in the event of any conflict between the terms of the Berkshire Zenith Preferred Stock and the provisions of this Agreement, the provisions of this Agreement shall control.