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HomeMy WebLinkAbout2236 reimbursement of.expenses. The foreqoing notwithstanding, if the trustee shall resign, and if the employ[er shall not have appointed a succeasor within thirty-(30) days after receipt of notice of the resignation, the resiqning trustee ahall have the right to apply to a court havinq jurigdiction fro the appointment of a successor trustee. Any predecessor trustee shall document the transfer of trust fund assets to a successor as soon as practicable in such manner as may be reasonable requestea Dy the auccessor. 1~. Compensation of Trustee. Tlie employer agzees to pay the trustee such reasonable compe8aation as May be:~agreed upon from time to time Detween the~a. 19. Limited Applicability of Agreement to Trustee. Notwithstandinq any provision in this article or elsewhere in ~his agreement, it is intended that the rights, powers, duties arid obligations of the trustee under this plan shall be deter~:ineu soley by reference to the provisions of this article. VIII . AMf:NDirI~:NT ~IVU TERMINATION C~F PLAN . 1. Amendment. The employer shall have the riqht at any f G ~ time, and from time to time, to modify the plan or amend this i ~ agreer~~nt; provided, however, that without the consent of the ~ trustee the employer ~ay not materially increase the duties or ~ responsibilities ol~t.tie trustee or otherwise materially and adversely affect the trusteet and, provided further, that the e;nployer ray not ar~end the plan in any r.ianner which would authorize or requirc any part of the trust fund to be used for or diverted to any purpose other than the exclusive purpose of benefitting the participants anc their beneficiaries. An amendment to the ~ ~ plan shall beco~ effective upon de2ivery to the trustee of a ~ ~ certifiedicopy of a resolution adopted by the empioyer's Board of Directors whic~~ eitner contains the test o~ the arnendment or. ~ incorporates k~y reference a separate instrument cvntaininq the ~ ~ -23- OR - eooK~'~ r~c~Z~,~ ~ - - r~:~ ~ - _ = . , . a~~ ~