Common use of Trustee Responsibilities Clause in Contracts

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’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 hold the Policies --------- ------------------------ issued to it until termination of the Trust as herein described or upon cancellation of the Policy in accordance with the terms thereof. The duties other than those expressly and obligations and rights of the Trustee shall only be such as are specifically set forth in this Trust Agreement, as it may from time to time be amended, and no implied duties or those imposed on obligations or rights shall be read into this Agreement against the Trustee by applicable lawsTrustee. (b) a. The Trustee shall make application to the Issuing Company for a group Policy that will provide reasonable benefits to the Participants in light of all circumstances and factors deemed to be responsible only for money and property actually received and held in trust by the Custodian under this Trust Fundrelevant. (c) b. The Trustee shall become the custodian and holder of the Policy of the Issuing Company, but will not be responsible for any promotional, marketing, enrollment, operational, administrative or investment functions or duties with respect thereto and shall not have no liability the discretion to substitute another life insurance company for the (i) acts Issuing Company or omissions with respect to the Administrator’s disbursement requests to the Custodian from the Trust Fund to pay another policy for the benefits Policy, or administrative expenses incurred exercise any voting rights under the PlanPolicy. Such Policy, or (ii) when issued, shall automatically become subject to this Trust and shall not be deemed the acts or omissions regarding any aspect related to establishing, operating and administering separate property of the PlanTrustee. (d) c. 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, executednot hold, or delivered by the parties purporting to have madeinvest, executedany funds whatsoever, 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 responsible to the Trust, or the Participants for the non-fulfillment of contractscollection, remittance, forwarding, payment, or (ii) for any error investment of judgment or for any loss arising out of any act or omissionpremiums, whether or not performed at the request of the Trustee or any employeerecording thereof, agent or attorney elected or appointed by or working for the Trustee, and shall immediately remit to the fullest extent allowed by lawIssuing Company all monies or correspondence received in connection therewith. All payments in connection with the Policy shall be paid directly to the Issuing Company. (e) d. The Trustee shall not be liable or responsible for the adequacy payment, settlement processing or presentment of claims, or any recording thereof, arising out of the Trust Fund to meet and discharge any obligations under coverage afforded the Plan. The Board of Commissioners shall have Participants by the sole discretion and exclusive authority to decide the amount and timing of all contributions to be made to the Trust FundPolicy hereunder. (f) e. The Trustee shall neither be required to take action to enforce the payment of any contribution or appropriation look to the Trust Fund nor determine that Issuing Company for the contributions deposited in provision of all administrative services relating to the maintenance of the Policy, the Trust Fund comply with the provisions of applicable law, the Plan, applicable collective bargaining agreements or any resolution and records of the Board of CommissionersParticipants.