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for the exclusive benefit of Participants, their Beneficiaries, and defraying the administrative expenses of <br />the Plan and Trust until all Plan liabilities have been satisfied, except in the instance of the failure of the <br />Trust initially to qualify for tax-exempt status as set forth in Section 9.1 and in the event of a return of <br />assets mistakenly contributed as set forth in Section 9.3. <br />9.3 Return of Mistaken Contributions. Notwithstanding any other provision of this Agreement, <br />it is specifically provided that if a contribution or any portion thereof is made by the Agency by virtue of <br />a mistake of fact, the Trustee shall, upon written request of the Agency, return such amounts as may be <br />permitted by law to the Agency. <br />9.4 Duration. This Trust shall continue in full force and effect for the maximum period of time <br />permitted by law and in any event until the expiration of twenty-one years after the death of the last <br />surviving person who was living at the time of execution hereof who at any time becomes a Participant <br />in the Plan, unless this Trust is sooner terminated in accordance with the Plan or the terms of this Trust <br />Agreement. <br />ARTICLE X <br />MISCELLANEOUS <br />10.1 Delegation. By written notice to the Trustee, the Plan Administrator or the Agency may <br />authorize the Trustee to act on matters in the ordinary course of the business of the Trust or on specific <br />matters upon the signature of its delegate. <br />10.2 Expenses and Taxes. <br />(a) The Agency, or at its option, the Trust, shall pay the Trustee its expenses in <br />administering the Trust and reasonable compensation for its services as Trustee at a rate to be agreed <br />upon by the parties to this Agreement, based upon Trustee's published fee schedule. However, the <br />Trustee reserves the right to alter this rate of compensation at any time by providing the Agency with <br />notice of such change at least thirty days prior to its effective date. Reasonable compensation shall <br />include compensation for any extraordinary services or computations required, such as determination of <br />valuation of assets when current market values are not published and interest on funds to cover <br />overdrafts. The Trustee shall have a lien on the Trust for compensation and for any reasonable expenses <br />including counsel, appraisal, or accounting fees, and these may be withdrawn from the Trust as and <br />when viewed and payable, or if Agency has elected to pay expenses of the Trust, may be withdrawn <br />from the Trust unless paid by the Agency within thirty days after mailing of the written billing by the <br />Trustee. <br />(b) Reasonable counsel fees, reasonable costs, expenses, and charges of the Trustee <br />incurred or made in the performance of its duties, including but not limited to expenses relating to <br />investment of the Trust such as broker's commissions, stamp taxes, and similar items and all taxes of any <br />and all kinds that may be levied or assessed under existing or future laws upon or in respect to the Trust <br />or the income thereof shall be paid from the Trust Assets, unless paid by the Agency. <br />10.3 Third Parties. <br />(a) No person dealing with the Trustee shall be required to follow the application of <br />purchase money paid or money loaned to the Trustee or inquire as to whether the Trustee has complied <br />18 <br />55A-36