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ARTICLE VI <br />FIDUCIARY RESPONSIBILITIES <br />6.1 More Than One Fiduciary Capacity <br />Any one or more of the fiduciaries with respect to the Trust Agreement or the <br />Trust may, to the extent required thereby or as directed by the Plan Administrator <br />pursuant to this Trust Agreement, serve in more than one fiduciary capacity with <br />respect to the Trust Agreement and the Trust. <br />6.2 Fiduciary Discharge of Duties <br />Except as otherwise provided by applicable law, each fiduciary shall discharge <br />such fiduciary's duties with respect to the Trust Agreement and the Trust: <br />(a) solely in the interest of the Eligible Employees and for the exclusive <br />purpose of providing post-employment health care and welfare benefits to <br />Eligible Employees, and defraying reasonable administrative and actuarial <br />expenses associated with providing such benefits; and <br />(b) with the care, skill, prudence, and diligence under the circumstances then <br />prevailing that a prudent man acting in a like capacity and familiar with such <br />matters would use in the conduct of an enterprise of like character and with like <br />aims. <br />6.3 Limitations on Fiduciary Responsibility <br />To the extent allowed by the laws of the state of each Employer: <br />No fiduciary shall be liable with respect to a breach of fiduciary duty by any other <br />fiduciary if such breach was committed before such party became a fiduciary or <br />after such party ceased to be a fiduciary. <br />No fiduciary shall be liable for a breach by another fiduciary except as provided <br />by law. <br />No fiduciary shall be liable for carrying out a proper direction from another <br />fiduciary, including refraining from taking an action in the absence of a proper <br />direction from the other fiduciary possessing the authority and responsibility to <br />make such a direction, which direction the fiduciary in good faith believes to be <br />authorized and appropriate. <br />6.4 Indemnification of Trustee by Employer <br />The Trustee shall not be liable for, and Employer shall (to the extent allowed by <br />the laws of file state of each Employer) indemnify, defend (as set out in 6.8 of this <br />Trust Agreement), and hold the Trustee (including its officers, agents, employees <br />17 <br />NB 1:657192.8 <br />