Trustee Responsibilities Sample Clauses

Trustee Responsibilities. A. Trustee is responsible for providing the necessary technical and organizational infrastructure to support the creation, use, and maintenance of the Data Trust and ensure all Data Trust Members or Data Trust users are in compliance with the terms and conditions of their agreement(s). B. Trustee is responsible for updating the Exhibits of this agreement attached hereto in accordance with approved changes provided by Data Trust Member. C. If public access of Tier 0 data is listed as an Approved Use in Exhibit A, once Tier 0 data is contributed by any Data Trust Member, Trustee shall have the right to immediately make Tier 0 Data publicly available as approved and specified therein. D. Trustee agrees to keep all Tier 1, Tier 2 and Tier 3 Data Trust Member-Contributed Data Resources confidential and only disclose them to employees, affiliates, contractors or agents who need access in order to meet Trustee’s obligations and requirements for Data Trust Members and the Data Trust for the purposes contemplated by this Agreement and the attached Exhibits. Further, Trustee represents and certifies that no Data Trust Member or Data Trust User shall have access to another Data Trust Member's Tier 1, Tier 2 or Tier 3 data in its raw form without express written or electronic approval by the Data Trust Member owning or stewarding over the data. E. Trustee will ensure that no Tier 1, Tier 2, or Tier 3 data in its raw form will be included in any published data. During the implementation of Projects and Allowable Uses, Trustee, Data Trust Members, and approved Data Trust Users may develop aggregate data that qualifies for Tier 0 classification as defined by the privacy and anonymization criteria adopted by the Data Governance Council. Such aggregate data may be published in accordance with all other Tier 0 data, as determined by the Data Governance Council. However, prior to any such release, Data Trust Members that own data used in the creation of aggregate data shall be able to review the aggregate data to verify that no Tier 1, Tier 2, Tier 3 or Tier 4 data is revealed. F. The Trustee will register and make available all approved Data Trust Users and proposals as directed by the Data Governance Council.

Trustee Responsibilities. The Trustees are responsible for the operational and financial sustainability of the Trust, including, but not limited to: (a) review of the design of the Plans at regular, periodic intervals and such other times as the Trustees determine to be prudent; (b) the validation of the sustainability of the Plans design at regular, periodic intervals and such other times as the Trustees determine to be prudent; (c) setting and revising Employee Contribution rates or premium requirements and deductibles with respect to the Plans at regular, periodic intervals and such other times as the Trustees determine to be prudent; (d) delivery of annual reports of Trust actuaries and auditors to the Parties, including reports regarding recommendations on sustainability and any subsequent changes to Plan design; (e) on an ongoing basis identifying efficiencies that can be achieved in the administration and investment of the CUPE EWBT; (f) design, adoption and implementation of a Funding Policy or Policies and an investment policy or policies with respect to the Plans; (g) adopting a policy for the appointment, review, evaluation and if necessary termination of service providers; (h) compliance with all applicable statutory requirements, including all applicable tax statutes; and (i) procurement of adjudicative, administrative, insurance, consultative and investment services.

Trustee Responsibilities. Appointment: Pursuant to Paragraph 15.e. of the First Partial Consent Decree, the Court appointed Wilmington Trust, N.A., as Trustee of the Environmental Mitigation Trust. Dkt. No. 3030 at 2. Wilmington Trust, N.A., not individually but in its representative capacity as Trustee, is hereby appointed to serve as the Trustee to administer the State Mitigation Trust in accordance with this State Trust Agreement and the Consent Decree. The Trustee hereby accepts such appointment and agrees to serve, commencing on the Trust Effective Date, in such capacity to the State Mitigation Trust and for the benefit of the Beneficiaries.

Trustee Responsibilities. Trustee and Employer have authority and responsibility for the Plan and its operation, including the authority and responsibility for administering, construing, and interpreting the provisions of the Plan and making determinations thereunder. Trustee gives CAS the authority to act on behalf of Trustee in connection with the Plan, but only as expressly stated in this Agreement or as mutually agreed upon in writing between Trustee and CAS. All final determinations as to an Enrollee’s entitlement to Plan benefits are to be made by Employer, including any determination upon appeal of a denied claim for Plan benefits.

Trustee Responsibilities. The Trustee’s powers, right and duties are limited to those described in this Article; the Committee is responsible for any other administrative duties required under the Plan or by applicable law.

Trustee Responsibilities. The Trustees are responsible for the operational and financial sustainability of the Trust, in accordance with the Memorandum of Settlement for PVPs and the Participation Agreements including, but not limited to: (a) The delivery of benefits on a sustainable, efficient and cost-effective basis; (b) review of the design of the Plans at regular, periodic intervals and such other times as the Trustees determine to be prudent; (c) the validation of the sustainability of the design of the Plans at regular, periodic intervals and such other times as the Trustees determine to be prudent; (d) setting and revising Employee Contribution rates or premium requirements and deductibles with respect to the PVP Plan, CAEAS/ECAB Plan and the Retiree Plan at regular, periodic intervals and such other times as the Trustees determine to be prudent; (e) delivery of annual reports of Trust actuaries and auditors to the Parties, including reports regarding recommendations on sustainability and any subsequent changes to Plan design; (f) on an ongoing basis identifying efficiencies that can be achieved in the administration and investment of the Trust; (g) design, adoption and implementation of a Funding Policy or Policies and an investment policy or policies with respect to each of the Plans; (h) adopting a policy for the appointment, review, evaluation and if necessary termination of service providers; (i) review, and if appropriate, amend the skills matrix attached as Schedule "K" to guide the recruitment and retention of Trustees; (j) compliance with all applicable statutory requirements, including all applicable tax statutes; and (k) procurement of adjudicative, administrative, insurance, consultative and investment services.

Trustee Responsibilities. The Trustees are responsible for the operational and financial sustainability of the Trust, in accordance with the Central Collective Agreement, including, but not limited to:‌ (a) review of the design of the ETFO Plan and ETFO-EW Plan at regular, periodic intervals and such other times as the Trustees determine to be prudent; (b) the validation of the sustainability of the ETFO Plan and ETFO-EW Plan design at regular, periodic intervals and such other times as the Trustees determine to be prudent; (c) setting and revising Employee Contribution rates or premium requirements and deductibles with respect to the ETFO Plan and the ETFO-EW Plan at regular, periodic intervals and such other times as the Trustees determine to be prudent; (d) delivery of annual reports of Trust actuaries and auditors to the Parties, including reports regarding recommendations on sustainability and any subsequent changes to Plan design; (e) on an ongoing basis identifying efficiencies that can be achieved in the administration and investment of the ETFO ELHT; (f) design, adoption and implementation of a Funding Policy or Policies and an investment policy or policies with respect to the ETFO Plan, the ETFO-EW Plan, and with respect to other Plans; (g) compliance with all applicable statutory requirements, including all applicable tax statutes; and (h) procurement of adjudicative, administrative, insurance, consultative and investment services.

Trustee Responsibilities. The Trustee’s responsibilities and liabilities shall be subject to the following limitations and other limitations as set forth by law: (a) The Trustee shall have no duties other than those expressly set forth in this Trust Agreement, or those imposed on the Trustee by applicable laws. (b) The Trustee shall be responsible only for money and property actually received and held in trust by the Custodian under this Trust Fund. (c) The Trustee shall have no liability for the (i) acts or omissions with respect to the Administrator’s disbursement requests to the Custodian from the Trust Fund to pay for the benefits or administrative expenses incurred under the Plan, or (ii) the acts or omissions regarding any aspect related to establishing, operating and administering the Plan. (d) The Trustee shall be protected in acting in good faith upon any paper or document believed by such Trustee to be genuine and believed to have been made, executed, or delivered by the parties purporting to have made, executed, or delivered the same. So long as the Trustee commits no act of willful misconduct, bad faith or gross negligence, the Trustee shall not be held personally answerable nor personally liable for either (i) any liability or debt contracted by it as Trustee or for the non-fulfillment of contracts, or (ii) for any error of judgment or for any loss arising out of any act or omission, whether or not performed at the request of the Trustee or any employee, agent or attorney elected or appointed by or working for the Trustee, to the fullest extent allowed by law. (e) The Trustee shall not be responsible for the adequacy of the Trust Fund to meet and discharge any obligations under the Plan. The Board of Commissioners shall have the sole discretion and exclusive authority to decide the amount and timing of all contributions to be made to the Trust Fund. (f) The Trustee shall neither be required to take action to enforce the payment of any contribution or appropriation to the Trust Fund nor determine that the contributions deposited in the Trust Fund comply with the provisions of applicable law, the Plan, applicable collective bargaining agreements or any resolution of the Board of Commissioners.

Trustee Responsibilities. The Trustee shall receive and hold the assets of the Fund on behalf of Plan participants and beneficiaries in accordance with the terms of this Agreement. The duties of the Trustee hereunder are as a directed trustee and the Trustee shall act solely in accordance with the instructions of the Named Fiduciary or Authorized Parties in accordance with Sections 2.2 and 2.3 of this Agreement ("Authorized Instructions"). Nothing in this Agreement is intended to give the Trustee any discretionary responsibility, authority or control with respect to the management or administration of the Plan or the management of the assets of the Plan. Further, the Trustee is not a party to the Plan and has no duties or responsibilities other than those that may be expressly contained in this Agreement and ERISA. In any case in which a provision of this Agreement conflicts with any provision in the Plan, this Agreement shall control.