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<br /> (c) To compute, certify to, and direct the Trustee with regard to the amount and kind <br /> of benefits payable to the Members and their Beneficiaries; <br /> (d) To authorize all disbursements by the Trustee ttom the Trust; <br /> (e) To maintain all records that may be necessary for the administration of the Plan <br /> other than those maintained by the Trustee; and <br /> (t) To appoint a plan administrator or, any other agent, and to delegate to them or to <br /> the Trustee such powers and duties in connection with the administration of the Plan as it may <br /> from time to time prescribe, and to designate each such administrator or agent as a fiduciary with <br /> regard to matters delegated to him. <br /> With respect to management and control of investments, the Employer shall have the <br /> power to direct the Trustee in writing with respect to the investment of the Trust assets or any <br /> part thereof. Where investment authority, management and control of Trust assets have been <br /> delegated to the Trustee by the Employer, the Trustee shall be a fiduciary with respect to the <br /> investment, management and control of the Trust assets contributed by the Employer and <br /> Members with full discretion in the exercise of such investment, management and control. <br /> Where investment authority, management and control of Trust assets is not specifically delegated <br /> to the Trustee, the Trustee shall be subject to the direction of the Employer. <br /> Expenses and fees in connection with the administration of the Plan and the Trust shall be <br /> paid from the Trust assets to the fullest extent permitted by law, unless the Employer determines <br /> otherwise. <br /> 5.3 Amendment and Termination. <br /> The Employer shall have the right to amend, modify or terminate this Plan at any time. <br /> In the event of the complete discontinuance of this Plan, the entire interest of each Member <br /> -11- <br /> NBI :508358,9 <br /> ..__0..,-' <br />