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9.2 The Trustee reserves the right to resign at any time by giving sixty (60) days' <br />written notice to the Employer. <br />9.3 In the event of dischazge or resignation of the Trustee, the Employer may <br />appoint a successor Trustee who shall succeed to all the rights, duties, and responsibilities of the <br />former Trustee under this Trust Agreement, and the terminated Trustee shall be deemed discharged <br />of all duties under this Trust Agreement and responsibilities for the Trust. <br />ARTICLE X <br />APPLICABLE LAW <br />10.1 This Trust and its validity, construction and effect shall be governed by the <br />laws of the jurisdiction in which the headquarters of the Trustee is located. <br />ARTICLE XI <br />RULES, CONSTRUCTION, AND INTERPRETATION <br />11.1 The Trustee shall have the sole discretionary authority to construe and <br />interpret the Trust and to determine all questions arising in the administration, interpretation, and <br />application of the Trust. All such determinations by the Trustee shall be conclusive and binding on <br />all persons. <br />11.2 Notwithstanding anything in this Agreement to the contrary, the Trustee <br />(including any delegate of the Trustee} shall not be responsible or liable for its failure to perform <br />under this Agreement or for any losses to the Trust Fund resulting from any event beyond the <br />reasonable control of the Trustee, its delegates, agents or subcustodians, including but not limited to <br />nationalization, strikes, expropriation, devaluation, seizure, or similaz action by any governmental <br />authority, de facto or de jure; or enactment, promulgation, imposition or enforcement by any such <br />governmental authority of currency restrictions, exchange controls, levies or other charges affecting <br />the Trust Fund's property; or the breakdown, failure or malfunction of any utilities or <br />-9- <br />457 Plans (Rcv. 7/04) <br />