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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 receives <br />notice of removal, the Trustee may, at the expense of the Trust, apply to a court of competent <br />jurisdiction to appoint a Successor Trustee. Until a Successor Trustee is appointed, and all Trust assets <br />are delivered to the Successor Trustee, the Trustee shall be entitled to be compensated for its services <br />according to its published fee schedule then in effect for acting as Trustee in accordance with the Plan <br />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 and <br />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 of <br />the Trust as may be necessary for the payment of its fees and expenses incurred prior to its resignation, <br />and the Trust Assets shall remain liable to reimburse the resigning Trustee for any costs, expenses or <br />attorneys' fees or losses incurred, whether before or after resignation, due solely to Trustee's holding title <br />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 into <br />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 />7.2 Limitation on Amendment. No amendment shall be made, at any time, under which any part <br />of the Trust may be diverted to purposes other than for the exclusive benefit of Participants and their <br />Beneficiaries. <br />7.3 Conformity with Law. Notwithstanding anything herein to the contrary, this Trust Agreement <br />may be amended prospectively or retroactively at any time by the Agency if deemed necessary to <br />conform to the provisions and requirements of the Internal Revenue Code or regulations promulgated <br />pursuant thereto in order to maintain the tax-exempt status hereof thereunder, or to conform to the <br />provisions and requirements of any law, regulation, order or ruling affecting the character or purpose of <br />the Plan or Trust. No such Amendment shall be effective to add or change the Trustee's powers or <br />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 for <br />any responsibility, obligation or duty under any applicable Statutes. However, to the full extent <br />14 <br />55A-32