Common use of Action of Trustees Clause in Contracts

Action of Trustees. ‌ a. The Trustees, acting in accordance with the terms as provided in the Trust Agreement and subject to the terms of applicable law, shall have the sole and exclusive fiduciary discretion and authority to be the judges of the standard of proof required in any case and the application and interpretation of this Plan. The decisions of the Trustees shall be final and binding on all parties. Notwithstanding anything contained in this Plan to the contrary, pursuant to the fiduciary discretion of the Board as described in Section 11.3, no benefits shall be paid to a Participant or Beneficiary unless the Board of Trustees decides that the applicant is entitled to such benefits. b. All questions or controversies and ambiguities of whatsoever character arising in any matter or between any parties or persons in connection with this Plan or its operation whether as to any claim for benefits, as to the construction of the language this Plan or any rules and regulations adopted by the Trustees, or as to any writing, decision, instrument or account in connection with the operation Plan or otherwise, shall be submitted to the Board of Trustees for decision. In the event a claim for benefits has been denied, no lawsuit or other action against the Fund or its Trustees may be filed until the matter has been submitted for review under Article VI.

Action of Trustees. ‌ a. The Trustees, acting in accordance with the terms as provided in the Trust Agreement and subject to the terms of applicable law, shall have the sole and exclusive fiduciary discretion and authority to be the judges of the standard of proof required in any case and the application and interpretation of this Plan. The decisions of the Trustees shall be final and binding on all parties. Notwithstanding anything contained in this Plan to the contrary, pursuant to the fiduciary discretion of the Board as described in Section 11.3, no benefits shall be paid to a Participant or Beneficiary unless the Board of Trustees decides that the applicant is entitled to such benefits. b. All questions or controversies and ambiguities of whatsoever character arising in any matter or between any parties or persons in connection with this Plan or its operation whether as to any claim for benefits, as to the construction of the language this Plan or any rules and regulations adopted by the Trustees, or as to any writing, decision, instrument or account in connection with the operation Plan or otherwise, shall be submitted to the Board of Trustees for decision. In the event a claim for benefits has been denied, no lawsuit or other action against the Fund or its Trustees may be filed until the matter has been submitted for review under Article VI.