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ARTICLE VI <br />RESIGNATION, REMOVAL AND SUCCESSION <br />6.1 Resignation or Removal of Trustee. The Trustee may resign at any time upon ninety <br />days' prior written notice to the Agency (which notice may be waived by the Agency). Agency may <br />remove the Trustee upon ninety days' prior written notice to the 'Trustee (which notice may be <br />waived by the Trustee). <br />6.2 Designation of Successor. Upon notice of the Trustee's resignation or removal, Agency <br />shall promptly designate a Successor Trustee who will accept transfer of the assets of the Trust. If <br />no Successor Trustee is designated within thirty days of notice of Trustee's resignation or removal, <br />the Plan Administrator shall designate a Successor' Trustee. <br />6.3 Court Appointment of Successor. If neither the Agency nor the Plan Administrator <br />designates a Successor Trustee within thirty days after the Trustee gives notice of resignation or <br />receives notice of removal, the Trustee may, at the expense of the Trust, apply to a court of <br />competent jurisdiction to appoint a Successor Trustee. Until a Successor Trustee is appointed, and <br />all Trust assets are delivered to the Successor Trustee, the Trustee shall be entitled to be <br />compensated for its services according to its published fee schedule then in effect for acting as <br />Trustee in accordance with the Plan and Trust. <br />6.4 Successor's Powers. A Successor Trustee shall have the same powers and duties as those <br />conferred upon the original Trustee hereunder. A resigning Trustee shall transfer the Trust Assets <br />and shall deliver the books, accounts and records of the Trust to the Successor Trustee as soon as <br />practicable. The resigning Trustee is authorized, however, to reserve such amount from the Assets <br />of the Trust as may be necessary for the payment of its fees and expenses incurred prior to its <br />resignation, and the Trust Assets shall remain liable to reimburse the resigning Trustee for any costs, <br />expenses or attorneys' fees or losses incurred, whether before or after resignation, due solely to <br />Trustee's holding title to and administration of the Trust Assets. <br />6.5 Successor's Duties. A Successor Trustee shall have no duty to audit or otherwise inquire <br />into the acts and transactions of its predecessor. <br />ARTICLE VII <br />AMENDMENT <br />7.1 Power to Amend. The Agency shall have the right at any time, and from time to time, to <br />modify or amend this Trust Agreement in whole or in part, effective upon thirty days' prior written <br />notice to the Trustee, provided, however, that the Trustee's duties and responsibilities shall not be <br />amended without the Trustee's express written consent. <br />55A7A431 <br />