limited to, contract, tort and statutory claims) shall look only to the assets of
<br />such Fund (and not to the assets of any other Fund) for payment under such
<br />credit, contract or chdin. No Participating Trust, or any beneficiary, trustee,
<br />employee or agent thereof, or the Trustee (or any Affiliate), or any of the
<br />officers, directors, shareholders, partners, employees or agents of the
<br />Trustee (or any Affiliate) shall be personally liable for any obligation of any
<br />Fund. Every act or thing whatsoever executed or done by or on behalf of any
<br />Fund shall be conclusively deemed to have been executed or done only by or
<br />for such Fund, and no Fund shall be answerable for any obligation assumed
<br />or liability incurred by another Fund established hereunder.
<br />4.06 Management Authority, The Trustee shall have exclusive management and
<br />Investment authority with respect to any Fund established pursuant to this
<br />Declaration of Trust. Subject to the foregoing, the Trustee may retain and
<br />consult with such investment advisers or other consultants, including, but
<br />not limited to, any Affiliate of the Trustee, as the Trustee in its sole discretion
<br />may deem advisable, to assist it in carrying out its responsibilities under this
<br />Declaration of Trust pursuant to Section 4.07(v) below, The Trustee may, in
<br />its sole discretion, incorporate the advice of such investment advisers and
<br />other consultants into any Investment Guidelines, investment objectives, or
<br />restrictions. Notwithstanding the appointment of an investment adviser or
<br />consultant, all final investment decisions for a Fund shall be made by the
<br />Trustee.
<br />4.07 Management and Administrative Powers. The Trustee shall have the
<br />rights, powers, and privileges of an absolute owner in the management and
<br />administration of each Fund established pursuant to this Declaration of Trust.
<br />In addition to and without limiting the powers and discretion conferred upon
<br />the Trustee elsewhere in this Declaration of Trust, but subject to any
<br />restrictions in the Investment Guidelines with respect to the Fund(s), or by
<br />applicable law, the Trustee shall have the following discretionary powers with
<br />respect to the Trust:
<br />(a) To subscribe for and to invest and reinvest Trust assets in, to enter,
<br />into contracts with respect to, and to hold for investment and to sell
<br />or otherwise dispose of any property whatsoever and wherever
<br />situated, and whether or not productive of income or consisting of
<br />wasting assets, including, but not limited to: (I) asset-backed
<br />securities, bankers acceptances, bonds, commercial paper,
<br />debentures, mortgages, notes, and all other evidences of
<br />indebtedness; (H) beneficial interests in any trusts; (M) calls, puts,
<br />spreads, straddles or any combination thereof, (iv) certificates of
<br />DBI/ 80624185 9 -10-
<br />
|