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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 />