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of the Trust. All such expenses, including, without limitation, reasonable fees of accountants and legal counsel to the extent not <br />otherwise reimbursed, shall constitute a charge against and shall be paid from the Trust upon the direction of the Employer. <br />ARTICLE X <br />Accounting <br />10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and other transactions of <br />the Trust, except as necessary to perform its title -holding function hereunder. All accounts, books, and records relating <br />thereto shall be maintained by the Employer or its designee. <br />10.2 As promptly as possible following the close of each year, the "Trustee shall file with the Employer a written account setting <br />forth assets titled to the Trust as reported to the Trustee by the Employer or its designee. <br />ARTICLE XI <br />Miscellaneous Provisions <br />11.1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be appointed by, or <br />account to any court of law in the exercise of its powers hereunder. <br />11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look to the propriety of <br />the acts of the Trustee in connection therewith. <br />11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the Employer under the <br />Plan, but such agency shall not be deemed to increase the responsibility or liability of the Trustee under this Declaration. <br />11.4 The Employer shall have the right at all reasonable times during the term of this Declaration and for three (3) years after the <br />termination of this Declaration to examine, audit, inspect, review, extract information from, and copy all books, records, <br />accounts, and other documents of the Trustee relating to this Declaration and the Trustees' performance hereunder. <br />ARTICLE XII <br />Amendment and Termination <br />12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration at any time for any <br />reason without the consent of the Trustee or any other person, provided that no amendment affecting the rights, duties, <br />or responsibilities of the Trustee shall be adopted without the execution of the Trustee to the amendment. Any such <br />amendment shall become effective as of the date provided in the amendment, if requiring the Trustee's execution, or on <br />delivery of the amendment to the Trustee, if the Trustee's execution is not required. <br />I2.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to provide such benefits, <br />any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under <br />the terms of the Plan, be returned to the Employer. <br />ARTICLE X111 <br />Successor Trustees <br />13.1 The Employer reserves the right to discharge the Trustee for any or no reason, at any time by giving ninety (90) days' <br />advance written notice. <br />