Common use of Trustee’s Compensation, Expenses, Taxes and Indemnification Clause in Contracts

Trustee’s Compensation, Expenses, Taxes and Indemnification. The Trustee shall be entitled to compensation for services under this Plan as mutually agreed by the Employer and the Trustee, unless already receiving full time compensation from the Employer. The Trustee shall also be entitled to reimbursement for reasonable expenses incurred by it in the discharge of its duties under this Plan. Consistent with applicable law, the Trustee is authorized to charge and collect from the Fund any and all such fees and expenses to the extent such fees and expenses are not paid directly by the Employer, another Employer or by Pentegra (acting on behalf of the Employer or such other Employer). All amounts (including taxes) paid from the Trust Fund which are allocable to an Investment Fund shall be charged to such Investment Fund in accordance with this Plan. All such expenses which are not so allocable shall be charged against each of the Investment Funds in the same proportion as the value of the total assets held in such Investment Fund bears to the value of the total assets in the Fund. To the extent the Trustee advances funds to the Fund for disbursements or to effect the settlement of purchase transactions, the Trustee shall be entitled to collect from the Fund an amount equal to what would have been earned on the sums advanced (an amount approximating the “federal funds” interest rate). To the extent that the Employer or Named Fiduciary has provided necessary information to the Trustee, the Trustee shall use reasonable efforts to assist the Employer or the Named Fiduciary with respect to any tax obligations. The Employer or Named Fiduciary shall notify the Trustee of any tax obligations. Notwithstanding the foregoing, the Trustee shall have no responsibility or liability for any tax obligations now or hereafter imposed on any Employer or the Fund by any taxing authorities, domestic or foreign, except as provided by applicable law. To the extent the Trustee is responsible under any applicable law for any tax obligation, the Employer or the Named Fiduciary shall inform the Trustee of all tax obligations, shall direct the Trustee with respect to the performance of such tax obligations, and shall provide the Trustee with all information required by the Trustee to meet such tax obligations. All such tax obligations shall be paid from the Trust Fund unless paid by the Employer or another Employer. The Employer shall indemnify and hold harmless the Trustee and its directors, officers and employees from all claims, liabilities, losses, damages and expenses, including reasonable attorneys’ fees and expenses, incurred by the Trustee in connection with this Plan, except those resulting from the Trustee’s gross negligence, bad faith or willful misconduct. This indemnification (as well as any other indemnification in this Plan) shall survive the termination of this Plan. If the Trustee is acting as a successor trustee or succeeds to responsibilities hereunder for trusteeship of plan assets with respect to the Trust Fund (or any portion thereof), the Employer hereby agrees to hold the Trustee harmless from and against any tax, claim, liability, loss, damage or expense incurred by or assessed against it as such successor as a direct or indirect result of any act or omission of a predecessor trustee or any other person under the Plan, except for such taxes, claims, liabilities, losses, damages or expenses attributable to the Trustee’s own gross negligence, bad faith or willful misconduct.

Trustee’s Compensation, Expenses, Taxes and Indemnification. The Trustee shall be entitled to compensation Compensation for services under this Plan as mutually agreed by the Employer and the Trustee, unless already receiving full time compensation Compensation from the Employer. The Trustee shall also be entitled to reimbursement for reasonable expenses incurred by it in the discharge of its duties under this Plan. Consistent with applicable law, the Trustee is authorized to charge and collect from the Fund any and all such fees and expenses to the extent such fees and expenses are not paid directly by the Employer, another Employer or by Pentegra (acting on behalf of the Employer or such other Employer). All amounts (including taxes) paid from the Trust Fund which are allocable to an Investment Fund shall be charged to such Investment Fund in accordance with this Plan. All such expenses which are not so allocable shall be charged against each of the Investment Funds in the same proportion as the value of the total assets held in such Investment Fund bears to the value of the total assets in the Fund. To the extent the Trustee advances funds to the Fund for disbursements or to effect the settlement of purchase transactions, the Trustee shall be entitled to collect from the Fund an amount equal to what would have been earned on the sums advanced (an amount approximating the “federal funds” interest rate). To the extent that the Employer or Named Fiduciary has provided necessary information to the Trustee, the Trustee shall use reasonable efforts to assist the Employer or the Named Fiduciary with respect to any tax obligations. The Employer or Named Fiduciary shall notify the Trustee of any tax obligations. Notwithstanding the foregoing, the Trustee shall have no responsibility or liability for any tax obligations now or hereafter imposed on any Employer or the Fund by any taxing authorities, domestic or foreign, except as provided by applicable law. To the extent the Trustee is responsible under any applicable law for any tax obligation, the Employer or the Named Fiduciary shall inform the Trustee of all tax obligations, shall direct the Trustee with respect to the performance of such tax obligations, and shall provide the Trustee with all information required by the Trustee to meet such tax obligations. All such tax obligations shall be paid from the Trust Fund unless paid by the Employer or another Employer. The Employer shall indemnify and hold harmless the Trustee and its directors, officers and employees Employees from all claims, liabilities, losses, damages and expenses, including reasonable attorneys’ fees and expenses, incurred by the Trustee in connection with this Plan, except those resulting from the Trustee’s gross negligence, bad faith or willful misconduct. This indemnification (as well as any other indemnification in this Plan) shall survive the termination of this Plan. If the Trustee is acting as a successor trustee or succeeds to responsibilities hereunder for trusteeship of plan Plan assets with respect to the Trust Fund (or any portion thereof), the Employer hereby agrees to hold the Trustee harmless from and against any tax, claim, liability, loss, damage or expense incurred by or assessed against it as such successor as a direct or indirect result of any act or omission of a predecessor trustee or any other person under the Plan, except for such taxes, claims, liabilities, losses, damages or expenses attributable to the Trustee’s own gross negligence, bad faith or willful misconduct.

Trustee’s Compensation, Expenses, Taxes and Indemnification. The Trustee shall be entitled to compensation Compensation for services under this Plan as mutually agreed by the Employer and the Trustee, unless already receiving full time compensation Compensation from the Employer. The Trustee shall also be entitled to reimbursement for reasonable expenses incurred by it in the discharge of its duties under this Plan. Consistent with applicable law, the Trustee is authorized to charge and collect from the Fund any and all such fees and expenses to the extent such fees and expenses are not paid directly by the Employer, another Employer or by Pentegra (acting on behalf of the Employer or such other Employer). All amounts (including taxes) paid from the Trust Fund which are allocable to an Investment Fund shall be charged to such Investment Fund in accordance with this Plan. All such expenses which are not so allocable shall be charged against each of the Investment Funds in the same proportion as the value of the total assets held in such Investment Fund bears to the value of the total assets in the Fund. To the extent the Trustee advances funds to the Fund for disbursements or to effect the settlement of purchase transactions, the Trustee shall be entitled to collect from the Fund an amount equal to what would have been earned on the sums advanced (an amount approximating the “"federal funds” " interest rate). To the extent that the Employer or Named Fiduciary has provided necessary information to the Trustee, the Trustee shall use reasonable efforts to assist the Employer or the Named Fiduciary with respect to any tax obligations. The Employer or Named Fiduciary shall notify the Trustee of any tax obligations. Notwithstanding the foregoing, the Trustee shall have no responsibility or liability for any tax obligations now or hereafter imposed on any Employer or the Fund by any taxing authorities, domestic or foreign, except as provided by applicable law. To the extent the Trustee is responsible under any applicable law for any tax obligation, the Employer or the Named Fiduciary shall inform the Trustee of all tax obligations, shall direct the Trustee with respect to the performance of such tax obligations, and shall provide the Trustee with all information required by the Trustee to meet such tax obligations. All such tax obligations shall be paid from the Trust Fund unless paid by the Employer or another Employer. The Employer shall indemnify and hold harmless the Trustee and its directors, officers and employees Employees from all claims, liabilities, losses, damages and expenses, including reasonable attorneys’ ' fees and expenses, incurred by the Trustee in connection with this Plan, except those resulting from the Trustee’s 's gross negligence, bad faith or willful misconduct. This indemnification (as well as any other indemnification in this Plan) shall survive the termination of this Plan. If the Trustee is acting as a successor trustee or succeeds to responsibilities hereunder for trusteeship of plan Plan assets with respect to the Trust Fund (or any portion thereof), the Employer hereby agrees to hold the Trustee harmless from and against any tax, claim, liability, loss, damage or expense incurred by or assessed against it as such successor as a direct or indirect result of any act or omission of a predecessor trustee or any other person under the Plan, except for such taxes, claims, liabilities, losses, damages or expenses attributable to the Trustee’s 's own gross negligence, bad faith or willful misconduct.