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7.2 Limitation on Amendment. No amendment shall be made, at any time, under which any <br />part of the Trust may be diverted to purposes other than for the exclusive benefit of Participants and <br />their Beneficiaries. <br />7.3 Conformity with Law. Notwithstanding anything herein to the contrary, this Trust <br />Agreement may be amended prospectively or retroactively at any time by the Agency if deemed <br />necessary to conform to the provisions and requirements of the Internal Revenue Code or regulations <br />promulgated pursuant thereto in order to maintain the tax-exempt status hereof thereunder, or to <br />conform to the provisions and requirements of any law, regulation, order or ruling affecting the <br />character or purpose of the Plan or Trust. No such Amendment shall be effective to add or change <br />the Trustee's powers or duties absent Trustee's written consent. <br />ARTICLE VIII <br />LIABILITIES <br />8.1 Declaration of Intent. Nothing in this Article purports to relieve a fiduciary from liability <br />for any responsibility, obligation or duty under any applicable Statutes. However, to the full extent <br />permitted by law, it is the intent of this Article to relieve each fiduciary from all liability for any acts <br />or omissions of any other fiduciary or any other person and to declare the absence of liabilities of all <br />persons referred to in this Article to the extent not imposed by law or by provisions of this Trust <br />Agreement. Each of the following Sections, in declaring such limitations, is set forth without <br />limiting the generality of this Section but in each case shall be subject to the provisions, limitations <br />and policies set forth in this Section. <br />8.2 General Limitations of Liability. <br />(a) No fiduciary shall be liable with respect to a breach of fiduciary duty under any <br />applicable Statutes if such breach was committed before he or she became a fiduciary or after he or <br />she ceased to be a fiduciary. <br />(b) No fiduciary shall be liable for any act or omission of any other person to whom <br />fiduciary responsibilities (other than Trustee responsibilities) are allocated by the Plan, the Trust <br />Agreement or by a fiduciary. <br />8.3 Liability of the Trustee. <br />(a) The Trustee shall have no powers, duties or responsibilities with regard to the <br />administration of the Plan or to determine the rights or benefits of any person having or claiming an <br />interest under the Plan or in the Trust or under this Trust Agreement or to examine or control any <br />disposition of the Trust or part thereof which is directed by the Plan Administrator. <br />(b) The Trustee shall have no liability for the adequacy of contributions for the <br />purposes of the Plan or for enforcement of the payment thereof. <br />(c) The Trustee shall have no liability for the acts or omissions of the Agency or the <br />Plan Administrator. <br />55AI 32 <br />