Laserfiche WebLink
or SPECIAL PROXIES OR POWERS OF ATTORNEY WITH OR WITHOUT POWER OF SUBSTITUTION; TO <br />EXERCISE ANY CONVERSION PRIVILEGES; SUBSCRIPTION RIGHTS~ OR OTHER OPTIONS) AND TO <br />HAKE ANY PAYMENTS INCIDENTAL THERETO; TO OPPOSE~ OR TO CONSENT TO~ OR OTHERWISE <br />PARTICIPATE IN~ CORPORATE REORGANIZATIONS OR OTHER CHANGES AFFECTING CORPORATE <br />SECURIT|ES~ AND TO DELEGATE DISCRETIONARY POWERS~ AND TO PAY ANY ASSESSMENTS OR <br />CHARGES IN CONNECTION THEREWITH; AND GENERALLY TO EXERCISE ANY OF THE POWERS OF <br />AN OWNER WITH RESPECT TO STOCKS~ BONDS~ SECURITIES OR OTHER PROPERTY HELD AS <br />PART OF THE TRUST FUND. <br /> <br /> (D) TO CAUSE ANY SECURITIES OR OTHER PROPERTY HELD AS PART OF THE TRUST <br />FUND TO BE REGISTERED iN ITS OWN NAME~ AND TO HOLD ANY INVESTMENTS IN BEARER FORM~ <br />BUT THE BOOKS AND RECORDS OF THE TRUSTEE SHALL AT ALL TIMES SHOW THAT ALL SUCH <br />INVESTMENTS ARE PART OF THE TRUST FUND. <br /> <br /> (E) To BORROW OR RAISE MONEY FOR THE PURPOSE OF THE TRUST IN SUCH AMOUNT) <br />AND IPON SUCH TERMS AND CONOITIONS~ AS THE TRUSTEE SHALL DEEM ADVISABLE; AND~ FOR <br />ANY SUM SO BORROWED~ TO ISSUE ITS PROMISSORY NOTE AS TRUSTEE~ AND TO SECURE THE <br />REPAYMENT THEREOF BY PLEDGING ALL~ OR ANY PARTp OF THE TRUST FUND. NO PERSON <br />LENDING HONEY TO THE TRUSTEE SHALL BE BOUND TO SEE TO THE APPLICATION OF THE HONEY <br />LENT OR TO INQUIRE INTO VALIDITY~ EXPEDIENCY OR PROPRIETY OF ANY SUCH BORROWING. <br /> <br /> (FI To KEEP SUCH PORTION OF THE TRUST FUND IN CASH OR CASH BALANCES AS THE <br />TRUSTEE~ FROM TIME TO TIME~ MAY DEEM TO BE IN THE BEST INTERESTS OF THE TRUST CREATED <br />HEREBY~ WITHOUT LIABILITY FOR INTEREST THEREON. <br /> <br /> (G) To ACCEPT AND RETAIN FOR SUCH TIME AS IT HAY DEEM ADVISABLE ANY SECURITIES <br />OR OTHER PROPERTY RECEIVED OR ACQUIRED BY IT AS TRUSTEE HEREUNDER~ WHETHER OR NOT SUCH <br />SECURITIES Or OTHER PROPERTY WOULD NORMALLY BE PURCHASED AS INVESTMENTS HEREUNDER. <br /> <br /> (HI TO MAKE~ EXECUTE) ACKNOWLEDGE~ AND DELIVER ANY AND ALL DOCUMENTS OF <br />TRANSFER AND CONVEYANCE A'ND ANY AND ALL OTHER INSTRUMENTS THAT MAY BE NECESSARY OR <br />APPROPRIATE TO CARRY OUT THE POWERS HEREIN GRANTED. <br /> <br /> (I) TO SETTLE~ COMPROMISE~ OR SUBMIT TO ARBITRATION ANY CLAIMS~ DEBTS~ OR <br />DAMAGES DUE OR OWING TO OR FROM THE TRUST FUND~ TO COMMENCE OR DEFEND SUITS OR LEGAL <br />OR ADMINISTRATIVE PROCEEDtNGS~ AND TO REPRESENT THE TRUST FUND tN ALL SUITS AND LEGAL <br />AND ADMINISTRATIVE PROCEEDINGS. <br /> <br /> (J) To DO ALL SUCH ACTS~ TAKE ALL SUCH PROCEEDINGS~ AND EXERCISE ALL SUCH <br />RIGHTS AND PRIVtLEGES) ALTHOUGH NOT SPECIFICALLY HENTIONED HEREIN~ AS THE TRUSTEE <br />MAY DEEM NECESSARY TO ADMINISTER THE TRUST FUND~ AND TO CARRY OUT THE PURPOSES OF <br />THIS TRUST. <br /> <br /> SECTION 2.3. DISTRIBUTIONS FROM THE TRUST FUND. THE EMPLOYER HEREBY APPOINTS <br />THE TRUSTEE AS ITS AGENT FOR PURPOSES OF SELECTING THE METHOD BY WHICH DISTRIBUTIONS FROM <br />THE TRUST FUND ARE TO BE MADE~ AS WELL AS FOR PURPOSES OF MAKING SUCH DISTRIBUTIONS, tN <br />THIS REGARD THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT DATED JUNE t97 19 72 ~ <br />BETWEEN THE EMPLOYER AND EMPLOYEE~ AND ANY SUBSEQUENT MODIFICATIONS THEREOF~ ARE TO <br />GUIDE AND CONTROL THE TRUSTEE~S POWER, <br /> <br /> SECTION 2.4. VALUATION OF TRUST FUND. AT LEAST ONCE A YEAR AS OF VALUATION DATES <br />DESIGNATED BY THE TRUSTEE~ THE TRUSTEE SHALL DETERMINE THE VALUE OF THE TRUST FUND. ASSETS <br />OF THE TRUST FUND SHALL BE VALUED AT THEIR MARKET VALUES AT THE CLOSE OF BUSINESS ON <br />ON THE VALUATION DATE OR 1N THE ABSENCE OF READILY ASCERTAINABLE MARKET VALUES~ AT SUCH <br />VALUES AS THE TRUSTEE SHALL DETERMINE~ IN ACCORDANCE WITH HETHODS CONSISTENTLY FOLLOWED <br />AND UNIFORMLY APPLIED. <br /> <br />ARTICLE tl 1. FOR PROTECTION OF TRUSTEE <br /> <br /> SECTION 3.1. EVIDENCE OF ACTION BY EMPLOYER. THE TRUSTEE MAY RELY UPON ANY <br />CERTIFICATE~ NOTICE OR DIRECTION PRUPORTING TO HAVE BEEN SIGNED ON BEHALF OF THE EMPLOYER <br />WHICH THE TRUSTEE BELIEVES TO HAVE BEEN SIGNED BY A DULY DESIGNATED OFFICIAL OF THE <br />EMPLOYER. NO COMMUNICATION SHALL BE BINDING UPON THE TRUST FUND OR TRUSTEE UNTIL IT IS <br />RECEIVED BY THE TRUSTEE. <br /> <br />SECTION 3.2. ADVTCE OF COUNSEL. THE TRUSTEE MAY CONSULT WITH ANY LEGAL COUNSEL <br />WITH RESPECT TO THE CONSTRUCTION OF THIS AGREEMENT~ ITS DUTIES HEREUNDER~ OR ANY ACT WHICH <br />IT PROPOSES TO TAKE OR OHIT7 AND SHALL NOT BE LIABLE FOR ANY ACTION TAKEN OR OMITTED IN <br />GOOD FAITH PURSUANT TO SUCH ADVICE. <br /> <br /> SECTION 3.3. MISCELLANEOUS. THE TRUSTEE SHALL USE ORDINARY CARE AND REASONABLE <br />DILIGENCE~ BUT SHALL NOT BE LIABLE FOR ANY MISTAKE OF JUDGMENT OR OTHER ACTION TAKEN IN <br />GOOD FAITH. THE TRUSTEE SHALL NOT BE LIABLE FOR ANY LOSS SUSTAINED BY THE TRUST FUND BY <br />REASON OF ANY INVESTMENT MADE IN GOOD FAITH AND IN ACCORDANCE WITH THE PRO¥1SIONS OF THIS <br />AGREEMENT. <br /> <br /> THE TRUSTEEIS DUTIES AND OBLIGATIONS SHALL BE LIMITED TO THOSE EXPRESSLY IMPOSED UPON <br />IT BY THIS AGREEMENT~ NOTWITHSTANDING ANY REFERENCE Of THE PLAN. <br /> <br />ARTICLE IV. TA___XES_,. EXPENSES AND COMPENSATION OF TRUSTEE <br /> <br /> SECTION 4.1. TAXE_S. THE TRUSTEE SHALL DEDUCT FROM AND CHARGE AGAINST THE TRUST <br />FUND ANY TAXES ON THE TRUST FUND OR-'THE INCOME THEREOF OR WHICH THE TRUSTEE IS REQUIRED <br />TO PAY WITH RESPECT TO THE INTEREST OF ANY PERSON THEREIN. <br /> <br /> SECTION 4.2. EXPENSES. THE TRUSTEE SHALL DEDUCT FROM AND CHARGE AGAINST THE <br />TRUST FUND ALL REASONABLE EXPENSES INCURRED BY THE TRUSTEE IN THE ADMINISTRATION OF THE <br />TRUST~ FUND~ INCLUDING COUNSEL FEES. <br /> <br /> ARTICLE V. SETTLEMENT OF ACCOUNTS. THE TRUSTEE SHALL KEEP ACCURATE AND DETAILED <br />ACCOUNTS OF ALL INVESTMENTS~ RECEIPTS~ DISBURSEMENTS~ AND OTHER TRANSACTIONS HEREUNDER. <br /> <br /> ~ITHIN 90 DAYS AFTER THE CLOSE OF EACH FISCAL YEAR~ THE TRUSTEE SHALL RENDER IN <br />DUPLICATE TO THE EMPLOYER AN ACCOUNT OF ITS ACTS AND TRANSACTIONS AS TRUSTEE HEREUNDER. 1F <br />ANY PART OF THE ~RUST FUND SHALL BE INVESTED THROUGH THE MEDIUM OF ANY COMMON~ COLLECTIVE <br />OR COMMINGLED TRUST FUND~ THE LAST ANNUAL REPORT Of SUCH TRUST FUND SHALL BE SUBMITTED <br />NITH AND iNCORPORATED IN THE ACCOUNT. <br /> <br /> <br />