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the same mahner and with the same effect ~~s tl~ough ~uch
objections hac~ not been filed. Nothing I~erein containe~
shall be construed to prevent the Trustee Erom
obtaining a judicial settlement of its accounts by a
court of competent jurisdiction.
XIII:4 The Trustee shall discharge his duties with respect to
this Trust with tihe care, prudence, and ~iligence u~der
the circumstances then prevailing tt~at a prudent man
acting in a like capacity and familiar with such ~
matters would use in the conduct of~an enterpr.ise oE a
like character having similar purposes. without
limiting the generality of the foregoing, it is
understood that with.respect to the matters hereinafter
enumerated in this paragraph, the Trustee is a party of
this Agreement only foc the convenie~tce of the Employer f
in setting forth the entire Plan and Trust in one
written instruraent and that the determination of such
taatters is not a part of the duties of the Trustee.
The Trustee shall have no duty, obligation, liability
or responsibility whatsover to determine whether or not
any of the following matters are in accordance with the
terms of the Plan, and with respect to any and all of ;
~ the same, the Trustee may accept and may rely upon, as t
conclusive, a written order, notiee, direction,
certificatio~, letter or other instrument execute~ by
the Pension Committee, namely:
i
(a) the ic~entity or qualification of ~mployees.
oarticipants, designated~beneficiaries and ;
other persons entitled or claiming to be
~ entitled to receive benefits under the Plan.
(b) The amount of normal annuity, death benefits,
optional retirement benefits and other
benefits, payable under the Plan, and any >
preliminary or subsidiary matter or question
affecting the determination of any of ttie
same. ~
(c) The tecr~s or effect of any written contract
or policy to which any Insurer is a party, ~
except insofar as any insurance contcact or
po2icy shalt be issued and hecome eEEective
and he delivered to the Trustee and, a~ to
any such insurance contract or ~olicy, the
Trustee shall be fully protected in following
and rely ing upon the wr itten terr~s and
~ provisions thereof. .
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