Reso 2010-068 - Laserfiche WebLink

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A. Recommending investment advisers and managers for the Plan; B. Negotiating agreements with investment managers and advisers; C. Arranging for the measurement of investment managers' performance; D. Communicating with the Trustee, as required by the Plan; and E. Recommending appropriate changes relating to the Plan's investments to the Trustee. 11.09. Interpretation Of Trust. The Administrator or its designee shall, in its discretion, interpret and construe the provisions of the Trust, shall resolve any ambiguities in the Trust, and shall resolve any conflicts between the Plan and the Trust. The Administrator or its designee shall give ins#ructions and directions to the Trustee as necessary and, in general, shall direct the administration of the Plan. The Advisory Committee and the Administrator shall not, through interpretation of the Plan or the Trust or action under the Plan, increase the burden imposed upon .the Trustee without the consent of the Trustee. 11.10. Settlement Of Disputes. If any dispute arises between the Trustee and any other person, including, without limitation, the Administrator, the Advisory Committee, the Employer or any Participant or Beneficiary under the Plan with respect to the interpretation of this Plan or the Trust or the duties of the Trustee, the Administrator, the Advisory Committee or any other fiduciary, then neither the Trustee nor the Administrator nor the Advisory Committee shall be obligated to take any other action in connection with the matter involved in the controversy until such time as the controversy is resolved, unless this would clearly be imprudent or not in the best interest of the Participants and Beneficiaries.. In addition, the Trustee may deposit (or the Administrator or Advisory Committee may direct the deposit) of the affected assets of the Trust in an interpleader action with the court of jurisdiction under applicable State law. 11.11. Appointment And Responsibility Of Representatives. A. With the consent of the Employer or its designee, the Administrator and the Advisory Committee shall have the right and the power to appoint one or more representatives, accountants, counsel, specialists, and other advisory and clerical persons as it deems necessary or desirable to assist the Administrator in the administration of the Plan and the Advisory Committee in the selection of the Plan's investment. All usual and reasonable expenses of such representatives, accountants, counsel, specialists, and other advisory and clerical persons may be paid in whole by the Plan, in whole by the Employer (if the Employer agrees to do so in advance), or in part by the Plan and in part by the Employer (if the Employer agrees to do so in advance). B. The Administrator and the Advisory Committee may designate any person as its agent for any purpose. The designated representative of the Administrator or the Advisory Committee shall be responsible only for those specific powers, duties, responsibilities and obligations specifically given to it 6y the Administrator or Advisory Committee. The Administrator, the Employer and any person to whom the Administrator may delegate any duty or power in connection with the Plan's administration, may rely upon all tables, valuations, certificates, reports and opinions furnished by any duly appointed actuary, accountant (including employees who are actuaries or accountants), legal counsel, or other specialist, and they shall be fully protected whenever they take action based in good faith in reliance thereon. All actions taken in good faith reliance on 30