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AgdaPkt 2002-12-09
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AgdaPkt 2002-12-09
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Last modified
7/2/2012 12:25:36 PM
Creation date
12/5/2002 3:47:58 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
12/9/2002
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C�� -c� <br /> I � �8 <br /> Investment Fiduciary �s authorized to direct the investrnent and management of <br /> the Assets of the Agency Trust until such time as the Plan Administrator shall <br /> notify the Trustee in writing that another Investmerrt Fiduciary has been <br /> appointed to replace the Investment Fiduciary named, or, in the altemative, that � <br /> the Investment Fiduciary named has been removed. <br /> 5.5 When Trustee is not Investment Fiduciary <br /> The Trustee sha11 not be the Investment Fiducia_yr. and shall � have no <br /> responsibility or authority for the investc�ent �nd mnart�rnent of assets unless <br /> specifically designated as the Investme�t Fiduciary- as� to some or all of the <br /> assets in the Agency Trust and accents r~� designati� ^.. <br /> (a) During such period or periods of time, if any, as tt�e Plan Administrator or <br /> an Investment Fiduciary is authorized to direct the investment and <br /> management of the Assets of the Agency Trust, the Trustee shall (subject <br /> to the overriding limitations hereinafter set forth) effect and change <br /> investment of the Assets of the Agency Trust as directed in writing by the <br /> Plan Administrator, or Investment Fiduciary, as the case may be, and shall <br /> neither effect nor change any such investments without such direction and <br /> shall have no right, duty or responsibility to recommend investments or <br /> investment changes. The following provisions shall govem the Trustee � <br /> during such period or periods of time, if any, during which the Plan <br /> Administrator or an Investment Fiduciary is authorized to direct the <br /> investment and management of the Assets of any Agency Trust: <br /> (b) So long as the Plan Administrator retains or reacquires full power and <br /> responsibility to direct the Trustee with respect to the investment and <br /> management of all or any portion of the Assets of the Agency Trust, the <br /> Trustee shall not be liable nor responsible for losses or unfavorable results <br /> arising from the Trustee's compfiance with proper directions of the Plan <br /> Administrator which are made in accordance with the terms of this Trust <br /> Agreement and which are not contrary to the provisions of any applicable <br /> federal or state statute regulating such investment. <br /> (c) In the event an Investment Fiduciary is given authority and responsibility <br /> with respect to the investment and management of the Assets of the <br /> Agency Trust, neither the Trustee nor the Plan Administrator shall be <br /> liable or responsible in any way for any losses or other unfavorable results <br /> arising from the Trustee's compliance with investment or management <br /> directions received by the Trustee from the Investment Fiduciary. <br /> 5.6 Investment Directions Must be in Writing <br /> Subject to the provisions of Section 5.18, in order to be valid all directions <br /> concerning investments made by the Plan Administrator, or the Investment <br /> 19 <br /> 2567_12 PEL <br />
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