Common use of Trustee Discretion Clause in Contracts

Trustee Discretion. Except as otherwise specifically broadened or restricted in this Agreement, the use of the term “discretion” exercised by a Trustee shall refer to the exercise of autonomous choice informed only by the Trustee’s reasonable evaluation of all facts and circumstances relevant to the decision to be made; reliance on professional advice or majority vote of beneficiaries in connection with the exercise of “discretion” shall raise a presumption of reasonableness which shall be overcome only by a showing of clear and convincing evidence to the contrary.