EXHIBIT 99-18
NINTH AMENDMENT TO TRUST AGREEMENT BETWEEN
FIDELITY MANAGEMENT TRUST COMPANY AND
THE DETROIT EDISON COMPANY
THIS NINTH AMENDMENT, dated as of the first day of April, 2000, by and
between Fidelity Management Trust Company (the "Trustee") and The Detroit Edison
Company (the "Sponsor");
WITNESSETH:
WHEREAS, the Trustee and the Sponsor heretofore entered into a Master
Trust Agreement dated June 30, 1994, with regard to The Detroit Edison Savings
&Investment Plan, The Detroit Edison Savings & Investment Plan for Employees
Represented by Local 17 of the International Brotherhood of Electrical Works and
The Detroit Edison Savings & Investment Plan for Employees Represented by Local
223 of the Utility Workers Union of America (collectively and individually, the
"Plan"); and
WHEREAS, the Trustee and the Sponsor now desire to amend said Trust
Agreement as provided for in Section 14 thereof;
NOW THEREFORE, in consideration of the above premises, the Trustee and the
Sponsor hereby amend the Trust Agreement by:
(1) Amending Section 8(e), Indemnification to add the following.
Special Indemnification for Fidelity PortfolioPlanner(SM). The
Trustee shall indemnify the Sponsor against and hold the
Sponsor harmless from any and all such loss, damage, penalty,
liability, cost, and expense, including without limitation,
reasonable attorney's fees and disbursements, that may be
incurred by, imposed upon, or asserted against the Sponsor
solely as a result of a) any defects in the investment
methodology embodied in the target asset allocation or model
portfolio provided through Fidelity PortfolioPlanner, except
to the extent that any such loss, damage, penalty, liability,
cost or expense arises from information provided by the
participant, the Sponsor or third parties; or b) any
prohibited transactions resulting from the provision by the
Trustee of Fidelity PortfolioPlanner.
(2) Amending Schedule "A" by adding the following to the "Other"
portion of the Agreement:.
Fidelity PortfolioPlanner (SM), an internet based educational
service for participants that generates target asset
allocations and model portfolios customized to investment
options in the Plan(s) based upon methodology provided by
Strategic Advisers, Inc., an affiliate of the Trustee. The
Sponsor acknowledges that it has received the ADV Part II for
Strategic Advisers, Inc. more than 48 hours prior to executing
the Trust amendment.
IN WITNESS WHEREOF, the Trustee and the Sponsor have caused this Ninth
Amendment to be executed by their duly authorized officers effective as of the
day and year first above written.
THE DETROIT EDISON COMPANY FIDELITY MANAGEMENT TRUST
COMPANY CR
By: /s/ Xxxxxxx X. Xxxxxxx 03-20-2000 By: /s/ Xxxxxxx Xxxxxx 03-30-2000
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Xxxxxxx X. Xxxxxxx Date Xxxxxxx Xxxxxx Date
Vice President
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