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(vi) To maintain insurance for such purposes, in such amounts and with such <br />companies as the Plan Administrator shall elect, including insurance to cover liability or losses <br />occurring by reason of the acts or omissions of fiduciaries (but only if such insurance permits <br />recourse by the insurer against a fiduciary in the case of a breach of a fiduciary obligation by such <br />fiduciary). <br />3.3 Delegatee. The Plan Administrator may delegate certain authority, powers and duties to an <br />entity to act in those matters specified in the delegation ("Delegatee"). Any such delegation must be <br />in a writing that names and identifies the Delegatee; states the effective date of the delegation, <br />specifies the authority and duties delegated, is executed by the Plan Administrator and is <br />acknowledged in writing by the Delegatee, the Trust Administrator (if not the Delegatee) and the <br />Trustee. Such delegation shall be effective until the Trustee and the Trust Administrator are directed <br />in writing by the Plan Administrator that the delegation has been rescinded or modified. <br />3.4 Directions to Trustee. Except as otherwise provided in this Trust Agreement, all <br />directions to the Trustee from the Plan Administrator or Delegatee must be in writing and must be <br />signed by the Plan Administrator or Delegatee, as the case may be. For all purposes of this Trust <br />Agreement, direction shall include any certification, notice, authorization, application or instruction <br />of the Plan Administrator, Delegatee or Trustee appropriately communicated. The above <br />notwithstanding direction may be implied if the Plan Administrator or Delegatee has knowledge of <br />the Trustee's intentions and fails to file written objection. <br />The Trustee shall have the power and duty to comply promptly with all proper direction of the Plan <br />Administrator, or Delegatee, appointed in accordance with the provisions of this Trust Agreement. <br />In the case of any direction deemed by the Trustee to be unclear or ambiguous the Trustee may seek <br />written instructions from the Plan Administrator, the Agency or the Delegatee on such matter and <br />await then written instructions without incurring any liability. If at any time the Plan Administrator <br />or the Delegatee should fail to give directions to the Trustee, the Trustee may act in the manner that <br />in its discretion seems advisable under the circumstances for carrying out the purposes of the Trust <br />which may include not taking any action. The Trustee may request directions or clarification of <br />directions received and may delay acting until clarification is received. In the absence of timely <br />direction or clarification, or if the Trustee considers any direction to be a violation of the Trust <br />Agreement or any applicable law, the Trustee shall in its sole discretion take appropriate action, or <br />refuse to act upon a direction. <br />3.5 Trust Administrator. The Plan Administrator has appointed PARS as the Trust <br />Administrator. The Trust Administrator has accepted its appointment subject to the Plan <br />Administrator's delegation of authority, to act as such, pursuant to Section 3.3 of this Trust <br />Agreement, The Trust Administrator's duties involve the performance of the following services <br />pursuant to the provisions of this trust agreement and the Agreement for Administrative Services: <br />(a) Performing periodic accounting of the Trust; <br />(b) Directing the Trustee to (i) make distributions from the Trust, as directed and <br />authorized by the Plan Administrator pursuant to the Agreement for Administrative <br />Services, to Participants pursuant to the provisions of the Agency's Plan and, (ii) <br />liquidate assets in order to make such distributions; <br />55Az28 <br />