Common use of TRUSTEE SUCCESSION Clause in Contracts

TRUSTEE SUCCESSION. 7.1 The Trustee may resign at any time by written notice to the Investment Subcommittee, or the Investment Subcommittee may remove the Trustee by written notice to the Trustee. The resignation or removal shall be effective sixty (60) days after the date of the Trustee's resignation or receipt of the notice of removal or at such earlier date as the Trustee and the Investment Subcommittee may agree. 7.2 In case of the resignation or removal of the Trustee, the Investment Subcommittee shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Investment Subcommittee appointing the successor trustee and a written instrument executed by the successor trustee accepting the appointment, whereupon the Trustee shall deliver the assets of the Trust Fund to the successor trustee but may reserve such reasonable amount as the Trustee may deem necessary to satisfy outstanding invoices for compensation for its services as Trustee and any other undisputed, outstanding and accrued expenses as described in Section 9.5 hereof, against the Trust Fund. 7.3 The successor trustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee shall be personally liable for any act or omission of any predecessor. Except as otherwise provided in this Agreement or under ERISA, the receipt of the successor trustee and the approval of the Trustee's final account by the Investment Subcommittee in the manner provided in ARTICLE SIX shall constitute a full and complete discharge to the Trustee.

TRUSTEE SUCCESSION. 7.1 The Trustee may resign at any time by giving written notice to the Investment Subcommittee, Company. The Trustee may be removed by the Company at any time with or the Investment Subcommittee may remove the Trustee without cause by giving written notice to the Trustee. The resignation or removal shall be effective sixty (60) days after the date of the Trustee's resignation or receipt of the notice of removal or at such earlier date as the Trustee and the Investment Subcommittee Company may agree. 7.2 . In case of the resignation or removal of the Trustee, the Investment Subcommittee Company shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Investment Subcommittee Company appointing the successor trustee and a written instrument executed by the successor trustee Trustee accepting the appointment, whereupon whereupon, the Trustee shall deliver the assets of the Trust Fund to the successor trustee Trustee but may reserve such reasonable amount as the Trustee may deem necessary to satisfy outstanding invoices for compensation for its services as Trustee and any other undisputed, outstanding and accrued expenses as described in Section 9.5 hereof, charges against the Trust Fund. 7.3 . The successor trusteeTrustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee Trustee shall be personally liable for any act or omission of any predecessor. Except as otherwise provided in this Agreement or under ERISA, the receipt of the successor trustee Trustee and the approval of the Trustee's final account by the Investment Subcommittee Committee in the manner provided in ARTICLE SIX Article EIGHT shall constitute a full and complete discharge to the Trustee.. ARTICLE TEN

TRUSTEE SUCCESSION. 7.1 The Trustee may resign at any time by written notice to the Investment SubcommitteeCommittee, or the Investment Subcommittee Committee may remove the Trustee by written notice to the Trustee. The resignation or removal shall be effective sixty (60) 60 days after the date of the Trustee's resignation or receipt of the notice of removal or at such earlier date as the Trustee and the Investment Subcommittee Committee may agree. 7.2 . In case of the resignation or removal of the Trustee, the Investment Subcommittee Committee shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Investment Subcommittee Committee appointing the successor trustee and a written instrument executed by the successor trustee accepting the appointment, whereupon the Trustee shall deliver the assets of the Trust Fund to the successor trustee but may reserve such reasonable amount as the Trustee may deem necessary to satisfy outstanding invoices for compensation for its services as Trustee and any other undisputed, outstanding and accrued expenses as described in Section 9.5 hereof, charges against the Trust Fund. 7.3 . The successor trustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee shall be personally liable for any act or omission of any predecessor. Except as otherwise provided in this Agreement or under ERISA, the receipt of the successor trustee and the approval of the Trustee's final account by the Investment Subcommittee Committee in the manner provided in ARTICLE SIX EIGHT shall constitute a full and complete discharge to the Trustee.

TRUSTEE SUCCESSION. 7.1 8.1 The Trustee may resign at any time by written notice to the Investment SubcommitteeCommittee, or the Investment Subcommittee Committee may remove the Trustee by written notice to the Trustee. The resignation or removal shall be effective sixty one hundred twenty (60120) days after the date of the Trustee's ’s resignation or receipt of the notice of removal removal, or at such earlier date as the Trustee and the Investment Subcommittee Committee may agree. 7.2 8.2 In case of the resignation or removal of the Trustee, the Investment Subcommittee Committee shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Investment Subcommittee Committee appointing the successor trustee Trustee and a written instrument executed by the successor trustee accepting the appointment, whereupon the Trustee shall deliver the assets of the Trust Fund to the successor trustee but may reserve such reasonable amount as the Trustee may deem necessary to satisfy outstanding invoices for compensation for its services as Trustee and any other undisputed, outstanding and accrued expenses as described in Section 9.5 hereof, charges against the Trust Fund. 7.3 8.3 The successor trusteeTrustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee shall be personally liable for any act or omission of any predecessor. Except as otherwise provided in this Agreement or under ERISA, the receipt of the successor trustee and the approval of the Trustee's ’s final account by the Investment Subcommittee Committee in the manner provided in ARTICLE SIX SEVEN shall constitute a full and complete discharge to the Trustee.

TRUSTEE SUCCESSION. 7.1 8.1 The Trustee may resign at any time by written notice to the Investment SubcommitteeBenefits Administration Committee, or the Investment Subcommittee Benefits Administration Committee may remove the Trustee by written notice to the Trustee. The resignation or removal by the Benefits Administration Committee shall be effective sixty (60) days after the date of the Trustee's resignation or receipt of the notice of removal or at such earlier date as the Trustee and the Investment Subcommittee Benefits Administration Committee may agree. The Trustee’s resignation shall be effective 120 days after the date thereof or at such earlier date the Trustee and the Benefits Administration Committee may agree. 7.2 8.2 In case of the resignation or removal of the Trustee, the Investment Subcommittee Benefits Administration Committee shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Investment Subcommittee Benefits Administration Committee appointing the successor trustee and a written instrument executed by the successor trustee accepting the appointment, whereupon the Trustee shall deliver the assets of the Trust Fund to the successor trustee trustee, but the Trustee may reserve such reasonable amount (as approved by the Trustee Benefits Administration Committee, which approval shall not be unreasonably withheld or delayed) as it may deem necessary to satisfy outstanding invoices for compensation for its services as Trustee and any other undisputed, outstanding and accrued expenses as described in Section 9.5 hereof, charges against the Trust Fund. 7.3 8.3 The successor trustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee shall be personally liable for any act or omission of any predecessor. Except as otherwise provided in this Agreement or under ERISA, the receipt of the successor trustee and the approval of the Trustee's final account by the Investment Subcommittee Benefits Administration Committee in the manner provided in ARTICLE SIX SEVEN shall constitute a full and complete discharge to the Trustee. 8.4 Upon the written direction of the Benefits Administration Committee, the Trustee shall transfer such portion of the Trust Fund as is specified in such direction to any trustee or insurance company (i) that has been appointed to hold the assets of the Plan or (ii) that holds or will hold assets of any other plan that qualifies under Section 401(a) of the Code into which the Plan (or any portion thereof) is merged or consolidated, or to which the Plan transfers assets or liabilities; provided, however, that in making transfers under this Section 8.4, the Trustee may rely without further inquiry upon the written direction of the Benefits Administration Committee, which shall have the sole responsibility to determine that such transfer complies with the applicable provisions of ERISA, the Code, any plan, and this Section 8.4.

TRUSTEE SUCCESSION. 7.1 The Trustee may resign at any time by written notice to the Investment SubcommitteeCommittee, or the Investment Subcommittee Committee may remove the Trustee by written notice to the Trustee. The resignation or removal shall be effective sixty (60) 60 days after the date of the Trustee's resignation or receipt of the notice of removal or at such earlier date as the Trustee and the Investment Subcommittee Committee may agree. 7.2 . In case of the resignation or removal of the Trustee, the Investment Subcommittee Committee shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Investment Subcommittee Committee appointing the successor trustee and a written instrument executed by the successor trustee accepting the appointment, whereupon the Trustee shall deliver the assets of the Trust Fund to the successor trustee but may reserve such reasonable amount as the Trustee may deem necessary to satisfy outstanding invoices for compensation for its services as Trustee and any other undisputed, outstanding and accrued expenses as described in Section 9.5 hereof, charges against the Trust Fund. 7.3 . The successor trustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee shall shill be personally liable for any act or omission of any predecessor. Except as otherwise provided in this Agreement or under ERISA, the receipt of the successor trustee and the approval of the Trustee's final account by the Investment Subcommittee Committee in the manner provided in ARTICLE SIX SEVEN shall constitute a full and complete discharge to the Trustee.

TRUSTEE SUCCESSION. 7.1 The Trustee may resign at any time by written notice to the Investment SubcommitteeCommittee, or the Investment Subcommittee Committee may remove the Trustee by written notice to the Trustee. The resignation or removal shall be effective sixty (60) 60 days after the date of the Trustee's resignation or receipt of the notice of removal removal, or at such earlier date as the Trustee and the Investment Subcommittee Committee may agree. 7.2 . In case of the resignation or removal of the Trustee, the Investment Subcommittee Committee shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Investment Subcommittee Committee appointing the successor trustee Trustee and a written instrument executed by the successor trustee accepting the appointment, whereupon the Trustee shall deliver the assets of the Trust Fund to the successor trustee but may reserve such reasonable amount as the Trustee may deem necessary to satisfy outstanding invoices for compensation for its services as Trustee and any other undisputed, outstanding and accrued expenses as described in Section 9.5 hereof, charges against the Trust Fund. 7.3 . The successor trustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee shall be personally liable for any act or omission of any predecessor. Except as otherwise provided in this Agreement or under ERISA, the receipt of the successor trustee and the approval of the Trustee's final account by the Investment Subcommittee Committee in the manner provided in ARTICLE SIX EIGHT shall constitute a full and complete discharge to the Trustee.

TRUSTEE SUCCESSION. 7.1 8.1 The Trustee may resign at any time by written notice to the Investment SubcommitteeBenefits Administration Committee, or the Investment Subcommittee Benefits Administration Committee may remove the Trustee by written notice to the Trustee. The resignation or removal by the Benefits Administration Committee shall be effective sixty (60) days after the date of the Trustee's resignation or ’s receipt of the notice of removal or at such earlier date as the Trustee and the Investment Subcommittee Benefits Administration Committee may agree. The Trustee’s resignation shall be effective 120 days after the date thereof or at such earlier date the Trustee and the Benefits Administration Committee may agree. 7.2 8.2 In case of the resignation or removal of the Trustee, the Investment Subcommittee Benefits Administration Committee shall appoint a successor trustee by delivery to the Trustee of a written instrument executed by the Investment Subcommittee Benefits Administration Committee appointing the successor trustee and a written instrument executed by the successor trustee accepting the appointment, whereupon the Trustee shall deliver the assets of the Trust Fund to the successor trustee trustee, but the Trustee may reserve such reasonable amount (as approved by the Trustee Benefits Administration Committee, which approval shall not be unreasonably withheld or delayed) as it may deem necessary to satisfy outstanding invoices for compensation for its services as Trustee and any other undisputed, outstanding and accrued expenses as described in Section 9.5 hereof, charges against the Trust Fund. 7.3 8.3 The successor trustee, and any successor to the trust business of the Trustee by merger, consolidation or otherwise, shall have all the powers given the originally named Trustee. No successor trustee shall be personally liable for any act or omission of any predecessor. Except as otherwise provided in this Agreement or under ERISA, the receipt of the successor trustee and the approval of the Trustee's ’s final account by the Investment Subcommittee Benefits Administration Committee in the manner provided in ARTICLE SIX SEVEN shall constitute a full and complete discharge to the Trustee. 8.4 Upon the written direction of the Benefits Administration Committee, the Trustee shall transfer such portion of the Trust Fund as is specified in such direction to any trustee or insurance company (i) that has been appointed to hold the assets of the Plan or (ii) that holds or will hold assets of any other plan that qualifies under Section 401(a) of the Code into which the Plan (or any portion thereof) is merged or consolidated, or to which the Plan transfers assets or liabilities; provided, however, that in making transfers under this Section 8.4, the Trustee may rely without further inquiry upon the written direction of the Benefits Administration Committee, which shall have the sole responsibility to determine that such transfer complies with the applicable provisions of ERISA, the Code, any plan, and this Section 8.4.