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ARTICLE 6 <br />CONCERNING THE TRUSTEE <br />6,01 Merger, Consolidation of Trustee. Any corporation or association (a) into <br />which the Trustee may be merged or with which it may be consolidated, <br />(b) resulting froin any merger, consolidation, or, reorganization to which the <br />Trustee may be a party, or (c) to which all or any part of the Trustee's <br />fiduciary business which includes the Trust may be transferred shall become <br />successor Trustee, and shall have all the rights, powers, and obligations of <br />the Trustee under this Declaration of Trust, without the necessity of <br />executing any instrument or performing any further act, <br />6.02 Limitation of Liability; Ind erunifi cation. Except as otherwise provided by <br />applicable law, (a) the Trustee shall not be liable for any act or emission, or <br />for any loss in connection therewith or resulting therefrom, except to the <br />extent such loss shall have been caused by its own negligence, willful <br />misconduct, lack of good faith, or breach of fiduciary duty, and (b) the <br />Trustee shall be indemnified, protected and held harmless by the Trust with <br />respect to any loss, liability, or claim in connection with or resulting from any <br />act or omission made in good faith and without willful misconduct, <br />negligence or breach of fiduciary duty in the administration of the Trust or <br />the investment of Trust assets, including all reasonable fees and expenses of <br />counsel and all other fees and expenses reasonably incurred in the its <br />defense. <br />Whenever in this Declaration of Trust it is provided that the Trustee may <br />exercise any power or the Trustee may do any act or thing at its discretion, <br />the discretion of the Trustee shall be absolute and unconditional, and its <br />determination to act or refrain from acting, or to exercise such power or <br />refrain from so doing, shall be binding upon each Participating Trust and <br />each corporation, firm or person having or claiming any interest therein. No <br />mistake made in good faith and in the exercise of due care in connection with <br />the administration of the Trust shall be deemed to be a violation of the <br />Trustee's duties if, promptly after the discovery of the mistake, the Trustee <br />takes whatever action may be practicable in the circumstances to remedy the <br />mistake. <br />The Trustee shall not have any liability or responsibility for any act or <br />omission on the part of any other fiduciary of any Participating Trust, except <br />as may otherwise be required by law. <br />&03 Trustee Compensation. The Trustee shall be entitled to receive reasonable <br />compensation for its services in managing and administering the Trust. The <br />D81180624185.9 -20- <br />