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ARTICLE 7 <br />AMENDMENT AND TERMINATION <br />7.01 Amendment. The Trustee may, by action of its board of directors, amend or <br />restate this Declaration of Trust at any time to conform to applicable law, <br />including the applicable provisions of the Code, and written notice of any <br />such amendment shall be furnished to Participating Trusts promptly after <br />the execution of such amendment, The Trustee, by action of its board of <br />directors, may amend the Description of Classes and the Investment <br />Guidelines (either with respect to an existing Class or Fund or to create <br />additional Classes or Funds) at any time. The Trustee may, by action of its <br />board of directors, make other amendments to this Declaration of Trust after <br />notifying all Participating Trusts in advance, and no such amendment shall <br />take effect until thirty (30) days after notice thereof shall have been <br />delivered to each Plan Fiduciary, unless all Participating Trusts expressly <br />consent to an earlier effective date. Any amendment adopted by the Trustee <br />shall be binding upon each Participating Trust and all persons interested <br />therein. <br />7.02 Termination. The Trustee may, by action of its board of directors, terminate <br />the Trust, any Fund or any Class thereof upon thirty (30) days' advance <br />written notice to the Plan Fiduciaries of Participating Trusts invested in the <br />Trust or the applicable Fund or Class; provided, however, that the Trust shall <br />be terminated as promptly as practicable in the event the Internal Revenue <br />Service takes any action to deny tax-exempt status to the Trust. In such <br />event, the assets of the Trust or the assets represented by such liquidated <br />Fund or Class thereof, as applicable, shall be administered and distributed as <br />if it were a Liquidating Account. No withdrawal of any amounts from this <br />Trust by any Participating Trust shall operate to terminate this Declaration of <br />Trust, or entitle such Participating Trust to claim an accounting or to take <br />any action or proceeding in any court of competent jurisdiction for a <br />partition or winding up of the Trust created hereunder, or otherwise affect <br />the rights, obligations and liabilities of any Participating Trust or the parties <br />hereto. <br />7.03 Notices, The Trustee shall give written notice of any material amendment, or <br />of the termination of a Fund or of the Trust, to each person to whom a <br />regular periodic accounting would ordinarily be rendered with respect to <br />each affected Participating Trust. Any such notice or other notice or <br />communication required or permitted hereunder shall be deemed to have <br />been given at the time the Trustee delivers the notice personally or malls the <br />DP 11906241,15.9 - 24 - <br />