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3.01 Conditions of Participation, The Trustee shall accept assets under this <br />Declaration of Trust only from an Eligible Trust that <br />(a) will not jeopardize the Trust's exemption from the registration <br />requirements of the Federal and state securities law by virtue of the <br />Eligible Trust's investment of assets in the Trust; and <br />(b) is governed by one or more instruments that authorize the investment <br />of the Eligible Trusts assets in collective or commingled trust funds <br />generally, or in the Trust specifically, and that provide that the Trust <br />will become a part of the Eligible Trust upon adoption by such Eligible <br />Plan. <br />Each Eligible Trust that desires to become a Participating Trust shall <br />establish to the Trustee's satisfaction that it meets the conditions of <br />participation set forth in this Section 3.01, including that It satisfies the <br />definition of Eligible Trust In Section 1X8, Upon the Trustee's request, such <br />Eligible Trusts shall provide such written evidence or other assurances that <br />the Trustee may deem necessary or advisable. <br />M2 Conuaiencement and Continuation of Participation. An Eligible Trust <br />shall become a Participating Trust in a Fund upon the Trustee's acceptance, <br />in the Trustee's sale discretion, of such Eligible Trust's application to become <br />a Participating Trust, and as of the Valuation Date specified in the applicable <br />Participation Agreement. An Eligible Trust that has been accepted as a <br />Participating Trust shall continue to be eligible to participate in the Trust, <br />subject to the following conditions: <br />(a) During such time as any assets of a Participating Trust are held in the <br />Trust, (I) this Declaration of Trust shall govern the management and <br />administration of such assets, and (U) any inconsistency between the <br />governing instrument of the Participating Trust and this Declaration <br />of Trust relating to the management or administration of the <br />Participating Trust's assets held hereunder, or to the rights, powers, <br />responsibilities or liabilities of the Trustee with respect thereto, shall <br />be resolved in favor of this Declaration of Trust. <br />(b) If at any time a Participating Trust shall fail to satisfy all of the <br />conditions of participation set forth in this Section 3.02, including that <br />it satisfies the definition of Eligible Trust in Section 1,08, such <br />Participating Trust shall promptly notify the Trustee. Notwithstanding <br />DB I/ 9062,1185.9 -5- <br />