Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> ARTICLE X <br /> <br /> MISCELLANEOUS <br /> <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 <br /> specific matters upon the signature of its delegate. <br /> 10.2 Expenses and Taxes. <br /> <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 <br /> of 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 <br /> expenses including counsel, appraisal, or accounting fees, and these may be withdrawn from the <br /> Trust as and when viewed and payable, or if Agency has elected to pay expenses of the Trust, may <br /> be withdrawn from the Trust unless paid by the Agency within thirty days after mailing of the <br /> written billing by the 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 <br /> any and all kinds that may be levied or assessed under existing or future laws upon or in respect to <br /> the Trust or the income thereof shall be paid from the Trust Assets, unless paid by the Agency. <br /> 10.3 Third Parties. <br /> <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 <br /> complied with the requirements hereof. <br /> (b) In any judicial or administrative proceedings, only the Agency and the Trustee shall <br /> be necessary parties and no Participant or other person having or claiming any interest in the Trust <br /> shall be entitled to any notice or service of process (except as required by law). Any judgment, <br /> decision or award entered in any such proceeding or action shall be conclusive upon all interested <br /> persons. <br /> <br /> 10.4 Successor Agency. If any successor to an Agency continues the Plan adopted by the <br /> Agency, such successor shall concurrently become a successor first party to this Trust Agreement by <br /> giving written notice of its adoption of the Plan and this Trust Agreement to the Trustee by duly <br /> authorized persons; such successor Agency shall become a signatory to this Trust Agreement upon <br /> its written notice to Trustee of the Successor's adoption hereof. <br /> 10.5 Relation to Plan. All words and phrases used herein shall have the same meanings as in <br /> the Plan, and this Trust Agreement and the Plan shall be read and construed together. Whenever the <br /> <br /> <br /> 19 <br /> <br /> 55C-37 <br />