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such market or stock exchange or a suspension or restriction of dealings is <br />threatened; ([I) there exists any state of affairs which, in the opinion of the <br />Trustee, constitutes an emergency as a result of which disposition of the <br />assets of such Fund would not be reasonably practicable or would be <br />seriously prejudicial to the Participating Trusts; (fill there has been a <br />breakdown in the means Of COMMUMICatiOn normally employed in <br />determining the price or value of any of the Investments of such Fund or of <br />current prices on any stock exchange on which a significant portion of the <br />Investments of such Fund are quoted, or for any reason the prices or values <br />of any Investments owned by such Fund cannot reasonably be promptly and <br />accurately ascertained; (W) the transfer of funds involved in the realization <br />or acquisition of any investment cannot, in the opinion of the Trustee, be <br />effected at normal rates of exchange, or (v) the normal settlement <br />procedures for the purchase or sale of securities or other assets cannot be <br />effected In the customary manner or in accordance with generally applicable <br />time periods. <br />5.04 Accounting Rules and Fiscal Year, The Trustee shall account for the <br />financial operations of the Trust on an accrual basis and for any Dedicated or <br />Liquidating Account on a cash basis, In accordance with generally accepted <br />accounting principles. The fiscal year of the Trust initially shall be the <br />calendar year. <br />5.05 Expenses and Taxes. The Trustee may charge to a Fund (a) the cost of <br />money borrowed, (b) costs, commissions, Income taxes, withholding taxes, <br />transfer and other taxes and expenses associated with the holding, purchase, <br />and sale, and receipt of income from investments, (c) the reasonable <br />expenses of an audit of the Fund and the proportionate expenses of an audit <br />of the Trust, (d) reasonable attorneys' fees and litigation expenses, (e) the <br />Trustee's compensation as provided in Section 6.03, subject to any special <br />allocation to any Class or Classes as provided in Section 2,02, (0 the fees and <br />expenses of any Investment adviser or consultant engaged by the Trustee in <br />accordance with Sections 4.06 and 4.07(t) pursuant to the terms of the <br />applicable Investment Guidelines, and (g) any other expense, claim, or charge <br />properly payable from a Fund under this Declaration of Trust and applicable <br />law, The Trustee may also charge to a particular Class of a Fund any other <br />expense, claim or charge that is specifically allocated to such Class under the <br />Description of Classes. The Trustee shall allocate among the Funds (and <br />Classes therein) established pursuant to this Declaration of Trust the charges <br />and expenses described in this Section 5.05 and in Section 6.10 in such <br />manner as it shall deem equitable, and such allocation shall be conclusive <br />DB U 80624185.9 - 17 - <br />