TRUSTEE AND TRUST. The term “Trustee" refers to the single, multiple and Successor Trustee, who at any time may be appointed and acting in a fiduciary capacity under the terms of this agreement. Where appropriate, the term `Trust" refers to any trust created by this agreement.
TRUSTEE AND TRUST. Administrator to Act Solely with Consent of Certificate Insurer. Unless a Certificate Insurer Default has occurred and is continuing, neither the Trustee nor the Trust Administrator shall undertake any litigation pursuant to Section 8.02(a)(ix) at the request or direction of the Certificateholders, without the prior written consent of the Certificate Insurer (which consent shall not be unreasonably withheld or delayed); provided, however, nothing contained herein shall prohibit or prevent the Trustee and the Trust Administrator from defending itself or the Trust Fund or taking any action related thereto.
TRUSTEE AND TRUST. 1.1 The Trust shall be titled “Arapahoe County Retirement Plan Trust” (hereinafter referred to as the “Trust”). The Trust and the Trust Agreement shall carry into effect the provisions of the “Arapahoe County Retirement Plan, as the same may be amended and/or restated from time to time” (the “Plan”), which shall form a part hereof. U.S. Bank National Association is hereby designated and agrees to act as Trustee of the Trust, to take, hold, invest, administer and distribute in accordance with the following provisions, all contributions and assets paid or delivered to it pursuant to the Plan for the uses and purposes herein expressed.
1.2 The Trustee shall be accountable for all contributions received, but shall have no duty to require any contributions to be made or to determine that the amounts received comply with the Plan, or to determine that the Trust is adequate to provide the benefits payable pursuant to the Plan.
