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legal proceedings in any court or before any other body or tribunal, <br />and to pay from the Trust all costs and reasonable attorneys' fees in <br />connection therewith; <br />(s) To organize or acquire one or more corporations, wholly or partly <br />owned by the Trust, each of which may be exempt from Federal <br />income taxation under the Code, to appoint ancillary or subordinate <br />trustees, custodians, or sub-custodians to hold title to or other indicia <br />of ownership of property of the Trust in those jurisdictions, domestic <br />or foreign, in which the Trustee is not authorized to do business, and <br />to define the scope of the responsibilities of such trustee, custodian, or <br />sub-custodian; <br />(t) Subject to Section 4.06 above, to employ suitable agents, including but <br />not limited to agents or pricing services, to perform valuations of the <br />assets of the Trust, custodians and sub - custodians, transfer agents, <br />investment advisers, consultants, auditors, depositories, and counsel, <br />domestic or foreign (including but not limited to entities which are <br />Affiliates of the Trustee), and subject to applicable law, to pay their <br />reasonable expenses and compensation from else Trust; <br />(u) To establish and terminate Funds and Classes, and to allocate the <br />assets of the Trust among such Funds and Classes (subject to the <br />Description of Classes applicable to any such Fund); <br />(v) To make, execute, and deliver any and all contracts and documents <br />deemed necessary and proper for the accomplishment of the <br />Trustee's powers and responsibilities under this Declaration of Trust; <br />and <br />(w) To do all other acts in its judgment necessary or desirable for the <br />proper administration of the Trust, including without limitation, <br />modifying, amending or terminating this Declaration of Trust in the <br />manner provided in Article 7, or with respect to the investment, <br />disposition, or liquidation of any assets of the Trust, although the <br />power to do such acts is not specifically set forth herein. <br />In construing the provisions of this Declaration of Trust, the presumption <br />shall be in favor of a grant of power to the Trustee. Such powers of the <br />Trustee may be exercised without order of or resort to any court or <br />governmental authority or agency. <br />DB 11806241858 - 14 - <br />