Laserfiche WebLink
and/or other corporate, individual or government securities or obligations, annuity, retirement or <br />other insurance contracts, mutual funds (including funds for which the Trustee or its affiliates serve <br />as investment advisor, custodian or in a similar or related capacity), or in units of any other <br />common, collective or commingled trust ;fund heretofore or hereafter established and maintained by <br />the Trustee or its affiliates; as long as the Trustee holds title to any units hereunder, the instrument <br />establishing such common trust fund (including all amendments thereto) shall be deemed to have <br />been adopted and made a part of this Trust. <br />4,2 Notwithstanding anything to the contrary in this Article IV or any other <br />section of this Trust Agreement, the Trustee shall have no power: <br />(a) To divert any part of the Trust to any purpose other than the exclusive <br />benefit of Participants and their Beneficiaries; under the Plan; provided, however, that if the Plan <br />and this Trust which is a part thereof is required to be filed with the Internal Revenue Service for a <br />determination of its qualification and said -plan is not approved by the Internal Revenue Service <br />retroactive to its inception, the Trustee shall transfex title to Trust assets to the Employer. <br />(b) To lend any part of the Trust without adequate security and a <br />reasonable rate of interest; to pay any compensation in excess of a reasonable allowance fox <br />services or other pxoperty for less than fair market value; to make any part of the Trust available on <br />a preferential basis; or to engage in any other transaction which results in a substantial diversion of <br />any part of the Trust, to the Employer, or to any person or entity with whom or which such a <br />transaction is prohibited by the Internal Revenue Code of 1986, as amended (the "Code") or <br />ERISA. <br />4.3 Notwithstanding anything to the contrary in this Trust Agreement, the assets <br />of the Plan shall be held by the Trustee as title holder only. Persons holding custody or possession <br />of assets titled to the Trust shall include the Employer and any agents and subagents or other <br />persons designated by the Employer, but not the Trustee, The Trustee shall not be responsible or <br />-4- <br />an Pig ~~~ voa~ <br />