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Expenses and fees incurred in connection with the administration of the Plan and the Trust shall <br />be paid from the Trust assets to the fullest extent permitted by law, unless the Employer <br />determines otherwise. The Employer may elect to make contributions to its Agency Account <br />sufficient to defray the expenses of administering the Plan or may pay such expenses directly. <br />7.3 Amendment and Termination <br />The Employer shall have the right to amend, modify or terminate the Plan at any time. If an <br />Employer terminates the Plan, the Assets held in its Agency Account shall be distributed by the <br />Trustee as provided in Section 7.3 of the Trust Agreement. <br />ARTICLE VIII <br />MISCELLANEOUS <br />8.1 Nonalienation <br />An Eligible Employee or Eligible Dependent does not have any interest in the Plan or the Assets <br />held in the Trust. Accordingly, the Trust shall not in any way be liable to attachment, <br />garnishment, assignment or other process, or be seized, taken, appropriated or applied by any <br />legal or equitable process, to pay any debt or liability of an Eligible Employee, Eligible <br />Dependent or any other party. <br />8.2 Investment <br />All contributions, interest earned, and any assets of the Plan shall at all times be invested and <br />managed in accordance with the Trust Agreement and the requirements of applicable law. <br />8.3 Parties to the Plan <br />Eligible Employees, Eligible Dependents and unions of each Employer are not parties to this <br />Plan. The Plan is only a funding source for such Employer's post-retirement health care and <br />welfare benefits and does not increase the rights of any Eligible Employee, Eligible Dependent <br />or union. <br />$.4 Confidential Medical Information <br />Each Employer and its health care providers or other service providers shall not share <br />confidential medical information regarding employees of the Employer with the Plan, the <br />Trustee, or the Trust Administrator. <br />NB 1:680079.5 -6- <br />