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telecommunications systems; or any order or regulation of any banking or securities industry <br />including changes in market rules and market conditions affecting the execution or settlement of <br />transactions; or acts of war, terrorism, insurrection or revolution; or acts of God; or any other <br />similar or third-party event. This Section shall survive the termination of this Agreement. <br />.ARTICLE XII <br />VALIDITY <br />12.1 The Trustee shall select any officers deemed necessary, and adopt rules <br />governing its procedures not inconsistent herewith. The Trustee shall keep a record of its meetings <br />and actions. The Trustee shall not be liable, jointly or severally, to any person for any actions or <br />omissions in connection with. its duties as Trustee unless resulting from its own gross negligence or <br />willful misconduct. The Trustee shall not be responsible for the validity of the Plan and this Trust <br />Agreement. <br />ARTICLE XIII <br />CONSTRUCTION <br />13.1 Pronouns and other similar words uses herein in the masculine gender shall <br />be read as the feminine gender where appropriate, and the singular form of words shall be read as <br />the plural where appropriate. <br />[Remainder of Page Intentionally Left Blank] <br />_lp_ <br />457 Plerts (Rev. 1/04) <br />