Common use of Change of Trustee Clause in Contracts

Change of Trustee. (a) Any Trustee may resign as Trustee upon notice in writing to the Employer, and the Employer may remove any Trustee upon notice in writing to each Trustee. The removal of a Trustee shall be effective immediately, except that a corporation serving as a Trustee shall be entitled to 60 days' notice which it may waive, and the resignation of a Trustee shall be effective immediately, provided that, if the Trustee is the sole Trustee, neither a removal nor a resignation of a Trustee shall be effective until a successor Trustee has been appointed and has accepted the appointment. If within 60 days of the delivery of the written resignation or removal of a sole Trustee another Trustee shall not have been appointed and have accepted, the resigning or removed Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee or may terminate the Plan pursuant to Section XVIII of the Prototype Plan. The Trustee shall not be liable for the acts and omissions of any successor Trustee. (b) At any time when the number of Trustees is one or two the Employer may but need not appoint one or two additional Trustees. Such an appointment and the acceptance thereof shall be in writing, and shall take effect upon the delivery of written notice thereof to all the Trustees and the Administrator and such acceptance by the appointed Trustee, provided that if a corporation is a Trustee then in the absence of its consent, such an appointment of an additional or successor Trustee shall not become effective until 60 days after its receipt of notice. (c) Although any Employer adopting the Plan may chose any Trustee who is willing to accept the Trust, the Distributor or its successor may make or may have made tentative standard arrangements with any bank or trust company with the expectation it will be used as the Trustee by a substantial group of Employers. It is also contemplated that more favorable results can be obtained with a substantial volume of business, and that it may become advisable to remove such bank or trust company as Trustee and substitute another Trustee. Therefore, anything in the prior two subsections notwithstanding each Employer adopting this Plan hereby agrees that the Distributor may, upon a date specified in a notice of at least 30 days to the affected Employer received by the Distributor before such date, (i) remove any such Trustee has resigned as to a group of Employers, (ii) appoint such a successor Trustee, provided such action is taken with respect to all Employers similarly circumstanced of which the Distributor has knowledge, and provided such notice is given in writing mailed postage prepaid to the Employer at the latest address furnished to the Distributor directly or supplied to it by such Trustee which is to be succeeded. If within 60 days after such Trustee's resignation or removal, the Employer has not appointed a successor which has accepted such appointment (unless the appointment of a successor Trustee is waiting for action by the Distributor pursuant to the next preceding sentence according to notice which has been given), the Trustee may petition an appropriate court for the appointment of its successor. The Trustee shall not be liable for the acts and omissions of such successor. (d) Successor Trustees qualifying under this Section shall have all rights and powers and all the duties and obligations of original Trustees.

Change of Trustee. (a) Any A Trustee may be removed by the Plan Sponsor at any time upon 30 days’ written notice to the Trustee, or on such shorter notice as may be agreed to by the Plan Sponsor and the Trustee. A Trustee may resign at any time upon 30 days’ written notice to the Plan Sponsor, or on such shorter notice as may be agreed to by the Plan Sponsor and the Trustee. A Trustee who is an employee of an Employer will be deemed to have resigned as Trustee upon notice in writing to termination of his or her employment with such Employer. Upon such removal or resignation, the Employer, and the Employer may remove any Trustee upon notice in writing to each Trustee. The removal of a Trustee Plan Sponsor shall be effective immediately, except that a corporation serving as a Trustee shall be entitled to 60 days' notice which it may waive, and the resignation of a Trustee shall be effective immediately, provided that, if the Trustee is the sole Trustee, neither a removal nor a resignation of a Trustee shall be effective until appoint a successor Trustee has been appointed and has accepted the appointmentsuccessor Trustee shall have the same powers and duties as those conferred upon the predecessor Trustee. If the Plan Sponsor fails to appoint a successor Trustee within 60 days of the delivery removal or resignation of the written resignation or removal Trustee, the Plan Sponsor shall be treated as having appointed itself as Trustee and as having executed its acceptance of a sole Trustee another appointment. Each successor Trustee shall not have been appointed and have accepted, succeed to the title of the Trust vested in its predecessor upon the successor Trustee’s written acceptance of the office of Trustee. The resigning or removed Trustee may petition any court Trustee, upon receipt of competent jurisdiction for acceptance in writing by the appointment successor Trustee, shall execute all documents and do all acts necessary to vest the title of a record in the successor Trustee. No successor Trustee or may terminate the Plan pursuant to Section XVIII of the Prototype Plan. The Trustee shall not be liable for the acts and or omissions of any prior Trustee which occurred prior to the successor Trustee. (b) At ’s acceptance of office, or be obliged to examine the accounts, records, or acts of any time when prior Trustee. In the number of Trustees is one or two the Employer may but need not appoint one or two additional Trustees. Such an appointment and the acceptance thereof event that any corporate Trustee shall be in writingconverted into, and shall take effect upon the delivery of written notice thereof to merge or consolidate with, or shall sell or transfer substantially all the Trustees and the Administrator and such acceptance by the appointed Trustee, provided that if a corporation is a Trustee then in the absence of its consentassets and business to another corporation, such an appointment of an additional state or successor Trustee shall not become effective until 60 days after its receipt of notice. (c) Although any Employer adopting the Plan may chose any Trustee who is willing to accept the Trustfederal, the Distributor corporation resulting from such conversion, merger, or its successor may make consolidation, or may have made tentative standard arrangements with any bank the corporation to which such sale or trust company transfer shall be made, shall thereupon become and be the Trustee under this Article with the expectation it will be used same effect as the Trustee by a substantial group of Employers. It is also contemplated that more favorable results can be obtained with a substantial volume of business, and that it may become advisable to remove such bank or trust company as Trustee and substitute another Trustee. Therefore, anything in the prior two subsections notwithstanding each Employer adopting this Plan hereby agrees that the Distributor may, upon a date specified in a notice of at least 30 days to the affected Employer received by the Distributor before such date, (i) remove any such Trustee has resigned as to a group of Employers, (ii) appoint such a successor Trustee, provided such action is taken with respect to all Employers similarly circumstanced of which the Distributor has knowledge, and provided such notice is given in writing mailed postage prepaid to the Employer at the latest address furnished to the Distributor directly or supplied to it by such Trustee which is to be succeeded. If within 60 days after such Trustee's resignation or removal, the Employer has not appointed a successor which has accepted such appointment (unless the appointment of a successor Trustee is waiting for action by the Distributor pursuant to the next preceding sentence according to notice which has been given), the Trustee may petition an appropriate court for the appointment of its successor. The Trustee shall not be liable for the acts and omissions of such successorthough originally so named. (d) Successor Trustees qualifying under this Section shall have all rights and powers and all the duties and obligations of original Trustees.

Change of Trustee. (a) Any Trustee may resign as Trustee upon notice in writing to the Employer, and the Employer may remove any Trustee upon notice in writing to each Trustee. The removal of a Trustee shall be effective immediately, except that a corporation serving as a Trustee shall be entitled to 60 days' notice which it may waive, and the resignation of a Trustee shall be effective immediately, provided that, if the Trustee is the sole Trustee, neither a removal nor a resignation of a Trustee shall be effective until a successor Trustee has been appointed and has accepted the appointment. If within 60 days of the delivery of the written resignation or removal of a sole Trustee Trustee, another Trustee shall not have been appointed and have accepted, the resigning or removed Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee or may terminate the Plan pursuant to Section XVIII of the Prototype Plan. The Trustee shall not be liable for the acts and omissions of any successor Trustee. (b) At any time when the number of Trustees is one or two the Employer may but need not appoint appoint, respectively two or one or two additional Trustees. Such an appointment and the acceptance thereof shall be in writing, and shall take effect upon the delivery of written notice thereof to all the Trustees and the Administrator and such acceptance by the appointed Trustee, provided that if a corporation is a Trustee then in the absence of its consent, such an appointment of an additional or successor Trustee shall not become effective until 60 days after its receipt of notice. (c) Although any Employer adopting the Plan may chose choose any Trustee who is willing to accept the Trust, the Distributor or its successor may make or may have made tentative standard arrangements with any bank or trust company with the expectation it will be used as the Trustee by a substantial group of Employers. It is also contemplated that more favorable results can be obtained with a substantial volume of business, and that it may become advisable to remove such bank or trust company as Trustee and substitute another Trustee. Therefore, anything in the prior two subsections notwithstanding notwithstanding, each Employer adopting this Plan hereby agrees that the Distributor may, upon a date specified in a notice of at least 30 days to the affected Employer and in the absence of written objection by the Employer received by the Distributor before such date, (i) remove any Trustee and in that case, or if such a Trustee has resigned as to a group of Employers, (ii) appoint such a successor Trustee, provided such action is taken with respect to all Employers similarly circumstanced of which the Distributor has knowledge, and provided such notice is given in writing and mailed postage prepaid to the Employer at the latest address furnished to the Distributor directly or supplied to it by such Trustee which is to be succeeded. If within 60 days after such a Trustee's resignation or removalremoval pursuant to this subsection (i), the Employer Distributor has not appointed a successor which has accepted such appointment (unless the appointment of a successor Trustee is waiting for action by the Distributor pursuant to the next preceding sentence according to notice which has been given), the Trustee resigning or removed ▇▇▇▇▇▇▇ may petition an appropriate court for the appointment of its successor. The resigning or removed Trustee shall not be liable for the acts and omissions of such successor. (d) Successor Trustees qualifying under this Section shall have all rights and powers and all the duties and obligations of original Trustees.

Change of Trustee. (a) Any 17.1 The Trustee may resign as Trustee upon notice in writing may, subject to the Employerprior approavl of the Commission, and retire from his office 17.2 In circumstances where the Employer may remove any Trustee upon notice in writing to each Trustee. The removal Commission is of a Trustee shall be effective immediately, except the opinion that a corporation serving as a Trustee shall be entitled to 60 days' notice which it may waive, and the resignation of a Trustee shall be effective immediately, provided that, if the Trustee is the sole Trustee, neither a removal nor a resignation of a Trustee shall be effective until a successor Trustee has been appointed and has accepted the appointment. If within 60 days in ivolation of the delivery Reuglations or this Trust Deed or found ugilty of misconduct or failed to dischareg its olbiagtions under the Reuglations, it may remoev the Trustee after igivngan opportunity of beingheard. 17.3 The Manaegment Company may, igivngcoegnt reasons, apply to the Commission for chaneg of the written resignation or removal Trustee by simultaneously proposingappointment of a sole Trustee another newstreue. A new trustee shall eb appointed when the Commission is satisfied with the circumstances and reasons for this chaneg and accords approavl for appointment of such a new trustee. 17.4 Upon theappointment of a new trustee the Trustee shall not have been appointed immediately hand oevr all the documents and have accepted, records to the resigning or removed Trustee may petition new trustee and shall transfer all the Trust Property and any court amount held in any Distribution Account to the new trustee and maek payments to the new trustee of competent jurisdiction for all sums due from the appointment of a successor Trustee or may terminate the Plan pursuant to Section XVIII of the Prototype PlanTrustee. The Trustee shall not be liable for haev the acts rihgt to receiev its remuneration up to the effectiev date of itesmroavl or retirement. 17.5 The new trustee shall exercise all the powers and omissions enjoy all the rihgts and shall eb sujbect to all duties and obliagtions of any successor the Trustee hereunder as fully as thouhg such new trustee had oriignally eben a party hereto. 17.6 The Manaegment Company may immediately in case of retirement or remoavl of Trustee appoint auditors with the consent of the Commoinssfirom amonsgt the panel of auditors institutions. The Management Company shall ensure that accounts of the Fund till the day of the appointment of the new trustee are audited by such Auditor. 17.7 The auditors so appointed shall eb other than the existingauditors of the Fund, the Manaegment Company and the Trustee. (b) At any time when 17.8 The auditors shall haev the number of Trustees is one scope as may eb specified by the Manaegment mCpoany or two Commission. 17.9 The audit report fro the Employer may but need not appoint one or two additional Trustees. Such an appointment and the acceptance thereof audit shall be in writing, and shall take effect upon the delivery of written notice thereof to all the Trustees and the Administrator and such acceptance submitted by the appointed Trustee, provided that if a corporation is a Trustee then in the absence of its consent, such an appointment of an additional or successor Trustee shall not become effective until 60 days after its receipt of notice. (c) Although any Employer adopting the Plan may chose any Trustee who is willing to accept the Trust, the Distributor or its successor may make or may have made tentative standard arrangements with any bank or trust company with the expectation it will be used as the Trustee by a substantial group of Employers. It is also contemplated that more favorable results can be obtained with a substantial volume of business, and that it may become advisable to remove such bank or trust company as Trustee and substitute another Trustee. Therefore, anything in the prior two subsections notwithstanding each Employer adopting this Plan hereby agrees that the Distributor may, upon a date specified in a notice of at least 30 days auditors to the affected Employer received by Manaegment Company not later than thirty (30) Business Days from their appointment. A copy of the Distributor before such date, (i) remove any such Trustee has resigned as to a group of Employers, (ii) appoint such a successor Trustee, provided such action is taken with respect to all Employers similarly circumstanced of which the Distributor has knowledge, and provided such notice is given in writing mailed postage prepaid report shall also be proivded to the Employer at the latest address furnished to the Distributor directly or supplied to it by such Trustee which is to be succeeded. If within 60 days after such Trustee's resignation or removal, the Employer has not appointed a successor which has accepted such appointment (unless the appointment of a successor Trustee is waiting for action by the Distributor pursuant to the next preceding sentence according to notice which has been given)Commission, the Trustee may petition an appropriate court for and the appointment of its successor. The Trustee shall not be liable for the acts and omissions of such successornew trustee. (d) Successor Trustees qualifying under this Section 17.10 The costs osf uch audit shall have all rights and powers and all be borne by the duties and obligations of original TrusteesFund.

Change of Trustee. (a) Any Trustee may resign as Trustee upon notice in writing to the Employer, and the Employer may remove any Trustee upon notice in writing to each Trustee. The removal of a Trustee shall be effective immediately, except that a corporation serving as a Trustee shall be entitled to 60 days' notice which it may waive, and the resignation of a Trustee shall be effective immediately, provided that, if the Trustee is the sole Trustee, neither a removal nor a resignation of a Trustee shall be effective until a successor Trustee has been appointed and has accepted the appointment. If within 60 days of the delivery of the written resignation or removal of a sole Trustee Trustee, another Trustee shall not have been appointed and have accepted, the resigning or removed Trustee may petition any court of competent jurisdiction for the ,appointment of a successor Trustee or may terminate the Plan pursuant to Section XVIII of the Prototype Plan. The Trustee shall not be liable for the acts and omissions of any successor Trustee. (b) At any time when the number of Trustees is one or two the Employer may but need not appoint appoint, respectively two or one or two additional Trustees. Such an appointment and the acceptance thereof shall be in writing, and shall take effect upon the delivery of written notice thereof to all the Trustees and the Administrator and such acceptance by the appointed Trustee, provided that if a corporation is a Trustee then in the absence of its consent, such an appointment of an additional or successor Trustee shall not become effective until 60 days after its receipt of notice. (c) Although any Employer adopting the Plan may chose choose any Trustee who is willing to accept the Trust, the Distributor or its successor may make or may have made tentative standard arrangements with any bank or trust company with the expectation it will be used as the Trustee by a substantial group of Employers. It is also contemplated that more favorable results can be obtained with a substantial volume volume, of business, and that it may become advisable to remove such bank or trust company as Trustee and substitute another Trustee. Therefore, anything in the prior two subsections notwithstanding notwithstanding, each Employer adopting this Plan hereby agrees that the Distributor may, upon a date specified in a notice of at least 30 days to the affected Employer and in the absence of written objection by the Employer received by the Distributor before such date, (i) remove any Trustee and in that case, or if such a Trustee has resigned as to a group of Employers, (ii) appoint such a successor Trustee, provided such action is taken with respect to all Employers similarly circumstanced of which the Distributor has knowledge, and provided such notice is given in writing and mailed postage prepaid to the Employer at the latest address furnished to the Distributor directly or supplied to it by such Trustee which is to be succeeded. If within 60 days after such a Trustee's resignation or removalremoval pursuant to this subsection (i), the Employer Distributor has not appointed a successor which has accepted such appointment (unless the appointment of a successor Trustee is waiting for action by the Distributor pursuant to the next preceding sentence according to notice which has been given), the resigning or removed Trustee may petition an appropriate court for the appointment of its successor. The resigning or removed Trustee shall not be liable for the acts and omissions of such successor. (d) Successor Trustees qualifying under this Section shall have all rights and powers and all the duties and obligations of original Trustees.

Change of Trustee. (a) Any Trustee may resign as Trustee upon notice in writing to the Employer, and the Employer may remove any Trustee upon notice in writing to each Trustee. The removal of a Trustee shall be effective immediately, except that a corporation serving as a Trustee shall be entitled to 60 days' notice which it may waive, and the resignation of a Trustee shall be effective immediately, provided that, if the Trustee is the sole Trustee, neither a removal nor a resignation of a Trustee shall be effective until a successor Trustee has been appointed and has accepted the appointment. If within 60 days of the delivery of the written resignation or removal of a sole Trustee Trustee, another Trustee shall not have been appointed and have accepted, the resigning or removed Trustee ▇▇▇▇▇▇▇ may petition any court of competent jurisdiction for the appointment of a successor Trustee or may terminate the Plan pursuant to Section XVIII of the Prototype Plan. The Trustee shall not be liable for the acts and omissions of any successor Trustee. (b) At any time when the number of Trustees is one or two the Employer may but need not appoint appoint, respectively two or one or two additional Trustees. Such an appointment and the acceptance thereof shall be in writing, and shall take effect upon the delivery of written notice thereof to all the Trustees and the Administrator and such acceptance by the appointed Trustee, provided that if a corporation is a Trustee then in the absence of its consent, such an appointment of an additional or successor Trustee shall not become effective until 60 days after its receipt of notice. (c) Although any Employer adopting the Plan may chose choose any Trustee who is willing to accept the Trust, the Distributor or its successor may make or may have made tentative standard arrangements with any bank or trust company with the expectation it will be used as the Trustee by a substantial group of Employers. It is also contemplated that more favorable results can be obtained with a substantial volume of business, and that it may become advisable to remove such bank or trust company as Trustee and substitute another Trustee. Therefore, anything in the prior two subsections notwithstanding notwithstanding, each Employer adopting this Plan hereby agrees that the Distributor may, upon a date specified in a notice of at least 30 days to the affected Employer and in the absence of written objection by the Employer received by the Distributor before such date, (i) remove any Trustee and in that case, or if such a Trustee has resigned as to a group of Employers, (ii) appoint such a successor Trustee, provided such action is taken with respect to all Employers similarly circumstanced of which the Distributor has knowledge, and provided such notice is given in writing and mailed postage prepaid to the Employer at the latest address furnished to the Distributor directly or supplied to it by such Trustee which is to be succeeded. If within 60 days after such a Trustee's resignation or removalremoval pursuant to this subsection (i), the Employer Distributor has not appointed a successor which has accepted such appointment (unless the appointment of a successor Trustee is waiting for action by the Distributor pursuant to the next preceding sentence according to notice which has been given), the resigning or removed Trustee may petition an appropriate court for the appointment of its successor. The resigning or removed Trustee shall not be liable for the acts and omissions of such successor. (d) Successor Trustees qualifying under this Section shall have all rights and powers and all the duties and obligations of original Trustees.

Change of Trustee. (a) Any A Trustee may be removed by the Employer at any ----------------- time upon 30 days' written notice to the Trustee, or on such shorter notice as may be agreed to by the Employer and the Trustee. A Trustee may resign as Trustee at any time upon 30 days' written notice in writing to the Employer, or on such shorter notice as may be agreed to by the Employer and the Employer may remove any Trustee upon notice in writing to each Trustee. The Upon such removal of a Trustee or resignation, the Employer shall be effective immediately, except that a corporation serving as a Trustee shall be entitled to 60 days' notice which it may waive, and the resignation of a Trustee shall be effective immediately, provided that, if the Trustee is the sole Trustee, neither a removal nor a resignation of a Trustee shall be effective until appoint a successor Trustee has been appointed and has accepted the appointmentsuccessor Trustee shall have the same powers and duties as those conferred upon the predecessor Trustee. If the Employer fails to appoint a successor Trustee within 60 days of the delivery removal or resignation of the written resignation or removal Trustee, the Employer shall be treated as having appointed itself as Trustee and as having executed its acceptance of a sole Trustee another appointment. Each successor Trustee shall not have been appointed and have accepted, succeed to the title of the Trust Fund vested in its predecessor upon the successor Trustee's written acceptance of the office of Trustee. The resigning or removed Trustee may petition any court Trustee, upon receipt of competent jurisdiction for acceptance in writing by the appointment successor Trustee, shall execute all documents and do all acts necessary to vest the title of a record in the successor Trustee. No successor Trustee or may terminate the Plan pursuant to Section XVIII of the Prototype Plan. The Trustee shall not be liable for the acts and or omissions of any prior Trustee which occurred prior to the successor Trustee. (b) At 's acceptance of office, or be obliged to examine the accounts, records, or acts of any time when prior Trustee. In the number of Trustees is one or two the Employer may but need not appoint one or two additional Trustees. Such an appointment and the acceptance thereof event that any corporate Trustee hereunder shall be in writingconverted into, and shall take effect upon the delivery of written notice thereof to merge or consolidate with, or shall sell or transfer substantially all the Trustees and the Administrator and such acceptance by the appointed Trustee, provided that if a corporation is a Trustee then in the absence of its consentassets and business to another corporation, such an appointment of an additional state or successor Trustee shall not become effective until 60 days after its receipt of notice. (c) Although any Employer adopting the Plan may chose any Trustee who is willing to accept the Trustfederal, the Distributor corporation resulting from such conversion, merger, or its successor may make consolidation, or may have made tentative standard arrangements with any bank the corporation to which such sale or trust company transfer shall be made, shall thereupon become and be the Trustee under this Article XII with the expectation it will be used same effect as the Trustee by a substantial group of Employersthough originally so named. It is also contemplated that more favorable results can be obtained with a substantial volume of business* * * END OF ARTICLE 12 * * * ▇▇▇▇▇▇ DENTAL MANAGEMENT SERVICES, and that it may become advisable to remove such bank or trust company as Trustee and substitute another TrusteeINC. ThereforeSAVINGS PLAN AND TRUST AGREEMENT Holland & ▇▇▇▇ LLP Suite 3200 ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, anything in the prior two subsections notwithstanding each Employer adopting ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇ DENTAL MANAGEMENT SERVICES, INC. ADOPTION AGREEMENT PROFIT SHARING PLAN WITH CASH OR DEFERRED ARRANGEMENT AND STOCK BONUS PLAN By executing this Plan hereby agrees that the Distributor may, upon a date specified in a notice of at least 30 days to the affected Employer received by the Distributor before such date, (i) remove any such Trustee has resigned as to a group of Employers, (ii) appoint such a successor Trustee, provided such action is taken with respect to all Employers similarly circumstanced of which the Distributor has knowledge, and provided such notice is given in writing mailed postage prepaid to the Employer at the latest address furnished to the Distributor directly or supplied to it by such Trustee which is to be succeeded. If within 60 days after such Trustee's resignation or removalAdoption Agreement, the Employer has not appointed elects to adopt the Holland & ▇▇▇▇ Defined Contribution Basic Plan Document and Trust Agreement in full as if the Employer were a successor which has accepted such appointment (unless signatory to that Agreement. The Employer makes the appointment following elections granted under the provisions of a successor Trustee is waiting for action the Plan. The name of the Plan as adopted by the Distributor pursuant to Employer shall be the next preceding sentence according to notice which has been given)▇▇▇▇▇▇ Dental ----------------- Management Services, the Trustee may petition an appropriate court for the appointment of its successorInc. Savings Plan. The Trustee shall not be liable for the acts and omissions of such successor. (d) Successor Trustees qualifying under Employer is adopting this Section shall have all rights and powers and all the duties and obligations of original Trustees.Plan: --------------------------------------

Change of Trustee. (a) Any Trustee may resign as Trustee upon notice in writing to the EmployerEmployer and the Administrator, and the Employer may remove any Trustee upon notice in writing to each Trusteethe Administrator, and to all the Trustees. The removal of a Trustee shall be effective immediately, except that a corporation serving as a Trustee shall be entitled to 60 sixty (60) days' notice which it may waive, and the resignation of a Trustee shall be effective immediately, provided that, if the Trustee is the sole Trustee, that neither a removal nor a resignation of a Trustee shall be effective if the Trustee is the sole Trustee until a successor Trustee has been appointed and has accepted the appointment. If within 60 sixty (60) days of the delivery of the written resignation or removal of a sole Trustee another Trustee shall not have been appointed and have accepted, the resigning or removed Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee or may terminate the Plan pursuant to Section XVIII 19 of the Prototype Plan. The Trustee shall not be liable for the acts and omissions of any successor Trustee. (b) such successor. At any time when the number of Trustees is one or two the Employer may but not need not appoint one or two additional Trustees, provided that the number of Trustees shall not be more than three. Such an appointment and the acceptance thereof shall be in writing, and shall take effect upon the delivery of written notice thereof to all the Trustees and the Administrator and such acceptance by the appointed Trustee, provided that if a corporation is a Trustee then in the absence of its consent, consent such an appointment of an additional or successor Trustee shall not have become effective until 60 sixty (60) days after its receipt of notice. (c) . Although any Employer adopting the Plan may chose choose any Trustee who is willing to accept the Trust, the Distributor or its successor successor, may make or may have made tentative standard arrangements with any bank or trust company with the expectation it will be used as the Trustee by a substantial group of Employers. It is also contemplated that more favorable results can be obtained with a substantial volume of business, and that it may become advisable to remove such bank or trust company as Trustee and substitute another Trustee. Therefore, anything else in the prior two subsections notwithstanding paragraphs of this Section 4 notwithstanding, each Employer adopting this Plan hereby agrees that the Distributor may, upon a date specified in a notice to the affected Employer of at least 30 thirty (30) days to and in the affected absence of written objection by the Employer received by the Distributor before such date, (i) remove any such Trustee and in that case, or if such a Trustee has resigned as to a group of Employers, (ii) appoint such a successor Trustee, provided such action is taken with respect to all Employers similarly circumstanced of which the Distributor has knowledge, and provided such notice is given in writing mailed postage prepaid to the Employer at the latest address which has been furnished to the Distributor directly or supplied to it by such Trustee which is to be succeeded. If within 60 sixty (60) days after such Trustee's resignation or removal, removal the Employer has not appointed a successor which has accepted such appointment (appointment, unless the appointment of a successor Trustee is waiting for action by the Distributor pursuant to the next next-preceding sentence according to notice which has been given), the Trustee may petition an appropriate court for the appointment of its successor. The Trustee shall not be liable for the acts and omissions of such successor. (d) . Successor Trustees qualifying under this Section 4 shall have all rights and powers and all the duties and obligations of original Trustees.

Change of Trustee. (a) Any 8.1 The Trustee may resign as Trustee upon be removed by the Company at any time by giving at least ninety (90) days advance notice in writing to the EmployerTrustee or such lesser period of notice as is acceptable to the Trustee, and which notice shall state the Employer effective date of termination. Within thirty (30) days of the 8.2 The Trustee may remove resign at any Trustee upon time by giving at least ninety (90) days advance notice in writing to each Trusteethe Company or such lesser period of notice as is acceptable to the Company, which notice shall state the effective date of resignation. The removal Within thirty (30) days of receipt of such notice the Company shall designate a successor trustee and furnish the Trustee shall be effective immediatelywith the successor’s acceptance and agreement with all the terms and conditions of this or a comparable trust agreement, except that a corporation serving as a Trustee shall be entitled addressed to 60 days' notice which it may waive, the Company and the resignation Trustee. 8.3 In any case of a Trustee shall be effective immediately, provided that, if the Trustee is the sole Trustee, neither a removal nor a resignation of a Trustee shall be effective until a successor Trustee has been appointed and has accepted the appointment. If within 60 days of the delivery of the written resignation or removal of the Trustee or in case a sole vacancy shall arise in the trusteeship of the Trust Fund from any cause, a successor trustee shall be appointed by an instrument executed by the Company. Acceptance of the appointment shall be evidenced in writing delivered by such successor trustee to the Company. Any successor trustee who accepts such appointment shall have the same powers and duties as those conferred upon the Trustee another hereunder and shall be governed by all the terms and conditions of this Agreement as if the successor trustee had been an original party hereto until such time as a new trust agreement is executed between the successor trustee and the Company. If: (i) the Company fails to designate a successor trustee as provided in subsections 8.4 As soon as practicable after the Trustee receives the successor trustee's acceptance and appointment as aforesaid, the Trustee shall file with the Company written accounts of its acts from the date of its last accounts to the effective date of such termination or resignation prepared in accordance with the provisions of section 7.2 hereof and shall assign, 8.5 Whether or not have been appointed and have acceptedthe Company approves the final accounts of the Trustee filed with the Company pursuant to section 8.4 hereof, the resigning or removed Trustee may petition any have the said accounts settled by a court of competent jurisdiction, which court shall have jurisdiction to decide which party shall have responsibility for the appointment of a any and all fees and other expenses in connection with such settlement. 8.6 Any successor Trustee or may terminate the Plan trustee appointed pursuant to Section XVIII the terms hereof shall be either: (a) a corporation licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the Prototype Plan. The Trustee shall not be liable for business of offering to the acts and omissions of any successor Trustee.public its services as trustee; or (b) At any time when the number three individuals resident in Canada, at least one of Trustees is one or two the Employer may but need not appoint one or two additional Trustees. Such an appointment and the acceptance thereof whom shall be in writing, independent of the operations of the Company and shall take effect upon the delivery of written notice thereof to all the Trustees and the Administrator and such acceptance by the appointed Trustee, provided that if not a corporation is a Trustee then in the absence of its consent, such an appointment of an additional or successor Trustee shall not become effective until 60 days after its receipt of noticeshareholder thereof. (c) Although any Employer adopting the Plan may chose any Trustee who is willing to accept the Trust, the Distributor or its successor may make or may have made tentative standard arrangements with any bank or trust company with the expectation it will be used as the Trustee by a substantial group of Employers. It is also contemplated that more favorable results can be obtained with a substantial volume of business, and that it may become advisable to remove such bank or trust company as Trustee and substitute another Trustee. Therefore, anything in the prior two subsections notwithstanding each Employer adopting this Plan hereby agrees that the Distributor may, upon a date specified in a notice of at least 30 days to the affected Employer received by the Distributor before such date, (i) remove any such Trustee has resigned as to a group of Employers, (ii) appoint such a successor Trustee, provided such action is taken with respect to all Employers similarly circumstanced of which the Distributor has knowledge, and provided such notice is given in writing mailed postage prepaid to the Employer at the latest address furnished to the Distributor directly or supplied to it by such Trustee which is to be succeeded. If within 60 days after such Trustee's resignation or removal, the Employer has not appointed a successor which has accepted such appointment (unless the appointment of a successor Trustee is waiting for action by the Distributor pursuant to the next preceding sentence according to notice which has been given), the Trustee may petition an appropriate court for the appointment of its successor. The Trustee shall not be liable for the acts and omissions of such successor. (d) Successor Trustees qualifying under this Section shall have all rights and powers and all the duties and obligations of original Trustees.