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<br /> <br /> <br /> <br /> <br /> <br /> or Participant should fail to give directions to the Trustee, the Trustee may but is not required to act <br /> in the manner that in its discretion seems advisable under the circumstances for carrying out the <br /> purposes of this Trust. Such actions shall be conclusive on the Plan Administrator and the Agency <br /> and the Participant if written notice of the proposed action is given to the Plan Adminis°.rator five (5) <br /> days prior to the action being taken, and the Trustee receives no response; <br /> <br /> (j) As directed by the Plan Administrator: <br /> (i) To cause the benefits provided under the Plan to be paid directly to the <br /> persons entitled thereto under the Plan, and in the amounts and in the manner specified, or to <br /> disburse such sums to the Agency, who shall be responsible to distribute sums due; and make <br /> appropriate tax reports to Participants, Beneficiaries and taxing authorities, and to charge such <br /> payments against the Trust with respect to which such benefits are payable; <br /> <br /> (ii) To compensate such executive, consultant, actuarial, accounting, investment, <br /> appraisal, administrative, clerical, secretarial, custodial, depository and legal, personnel and other <br /> employees or assistants as are engaged by the Plan Administrator in connection with the <br /> administration of the Plan and to pay from the Trust the necessary expenses of such, personnel, <br /> employees and assistants, to the extent not paid by the Agency and directed by the Plan <br /> Administrator; <br /> (iii) To impose a reasonable charge to cover the cost of furnishing to Participants <br /> or Beneficiaries upon their written request documents as may be legally required by applicable state <br /> or federal law or regulations; <br /> <br /> (iv) To act upon proper directions of the Agency, the Plan Administrator or any <br /> other fiduciary or Participant including directions in writing, or oral instructions which Trustee in its <br /> discretion may follow prior to receipt of written instructions, instruction given by photostatic <br /> teletransmission using facsimile signature, or those instructions which are digitally recorded on the <br /> Trustee's oral recording or VRU communications system. If oral or digital instructions are given, to <br /> act upon those in Trustee's discretion prior to receipt of written instructions. Trustee's recording or <br /> lack of recording of any such oral or digital instructions taken in Trustee's ordinary course of <br /> business shall constitute conclusive proof of Trustee's receipt or non-receipt of the oral or digital or <br /> VRU instructions; <br /> In exercising the power and authority under this subparagraph (iv), the Trustee will perform <br /> telephonic verification to the Plan Administrator, or other authorized representative properly <br /> designated by the Plan Administrator or the Agency, or such other security procedure selected by the <br /> Plan Administrator prior to wire transfer of funds as the Trustee may require. The Plan <br /> Administrator, the Agency, and the Plan assume all risk with respect to delays or transfers if the <br /> Trustee is unable to reach the Plan Administrator or other authorized representative properly <br /> designated by the Plan Administrator, or in the event of delay as a result of attempts to comply with <br /> any other security procedure selected by the Plan Administrator in connection with wire transfers or <br /> otherwise; <br /> (v) To pay from the Trust the expenses reasonably incurred in the administration <br /> of the Trust as provided in the Plan, to the extent such expenses are not paid by the Agency pursuant <br /> to Section 10.2; <br /> <br /> <br /> 10 <br /> <br /> 55C-28 <br />