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Administrator appointed by the Agency shall have all power over and responsibility for the <br />management, disposition, and investment of the Trust Assets, and the Trustee shall comply with <br />proper written directions of the Plan Administrator concerning those Assets. The Plan Administrator <br />shall not issue directions in violation of the terms of the Plan and Trust or prohibited by any <br />applicable federal or state laws or regulations governing the establishment and operation of trusts by <br />governmental entities for the purpose of providing retirement benefits for their employees or other <br />.individuals providing services to such entities, including, but not limited to, laws governing the <br />actions of plan fiduciaries ("Statutes"), Except to the extent required by applicable state or federal <br />law or regulations, or otherwise provided in this Trust Agreement, the Trustee shall have no duty or <br />responsibility to review, initiate action, or make recommendations regarding Trust Assets and shall <br />follow investment directions and retain Assets until directed in writing, by the Plan Administrator to <br />dispose of them. The Trustee shall not be liable for any investment decisions of the Plan <br />Administrator or any investment losses in the Account attributable to investment decisions of the <br />Plan Administrator. <br />2.2 Trustee as Manager. 'The Plan Administrator may also delegate all or a portion of its <br />investment authority to the Trustee for all or a portion of the Trust Assets, 'Upon written acceptance <br />of that delegation, the Trustee shall have full power and authority to invest and reinvest that portion <br />of the Trust so designated by the Plan Administrator in investments of any kind. The "Trustee shall <br />be responsible for proper diversification of the Assets only if all the Plan Assets are subject to its <br />management. <br />The Plan Administrator shall have the responsibility for establishing and carrying out a <br />funding policy and method consistent with the objectives of the Plan, taking into consideration the <br />Plan's short-term and long-term financial needs (hereinafter referred to as the "Permissible <br />Investment Guidelines"). The Trustee's responsibility for investment and diversification of the <br />Assets in the portion of the Trust for which Trustee has investment discretion shall be subject to, and <br />is limited by, the funding policy and investment guidelines issued to it by the Plan Administrator and <br />any Statutes. <br />It is understood and acknowledged that the Plan Administrator, rather than the Trustee, <br />shall be responsible for the funding policy, for overall diversification of Trust Assets (unless the <br />Trustee has investment responsibility for all Plan Assets), for benefit allocation, distribution, and for <br />overall compliance of the Trust with statutory limitations on the amount of the Trust's investment in <br />any assets. <br />2.3 Insurance Contract. The Plan Administrator may direct the Trustee in writing to invest <br />assets of the Trust in group or individual insurance contracts of all kinds authorized under the Plan, <br />Statutes and Permissible Investment Guidelines provided such contracts are issued by an insurance <br />company or companies qualified to do business in more than one state, slid the Plan Administrator <br />shall have the sole responsibility and shall direct the Trustee with respect to such insurance <br />contracts. The administration of these insurance contracts shall be the sole responsibility of the Plan <br />Administrator, and the Trustee shall follow the directions of the Plan Administrator with respect to <br />the administration of any such contracts. <br />2.4 Independent Investment Manager. The Plan Administrator may appoint one or more <br />investment managers to direct the Trustee in the investment of all or a specified portion of the Trust <br />55A5-22 <br />