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�I�-� <br /> � <br /> indemnifying party uniess (i) the employment of such counsel has been <br /> spec�cally authorized by the indemnifying party or (ii) the named parties to any <br /> such action (including any impleaded parties) include both the indemnifying party <br /> and the indemnified party and representation of both parties by the same counsel " <br /> would be inappropriate due to actual or potential differing interest between them. <br /> The indemnifying party shall not be liable to indemnify any person for any <br /> settlement of any such action effected without the indemnifying party's consent. <br /> 6.9 No Joint and Several Liability <br /> This document is not intended to and does not create any joint powers <br /> agreement or any joint and several liability. No Member Agency shall be <br /> responsible for any contributions, costs or distributions of any other Member <br /> Agency. <br /> Article VII <br /> AMENDMENT, TERMINATION AND MERGER <br /> 7.1 No Obligation to Continue Plan and Trust <br /> Continuance of the Ag�ncy Trust, participation in the PARS Trust Program and <br /> continuation of the Plan are not assumed as a contraetual obligation of the <br /> Member Agency. <br /> 7.2 Amendments <br /> (a) The PARS Trust Agreement may only be amended or terminated as <br /> provided herein. A two-thirds majority or greater of the Member Agencies <br /> shall have the right to amend this Trust Agreement from time to time, and <br /> to similarly amend or cancel any amendments. A copy of all amendments <br /> shall be delivered to the Trustee, the Trust Administrator and Plan <br /> Administrators promptly as each is made. <br /> (b) Such amendments shall be set forth in an instrument in writing executed <br /> by the amending party, the Trust Administrator and the Trustee. Any <br /> amendment may be current, retroactive or prospective, provided, <br /> however, that no amendment shall: <br /> (1) Cause the Assets of any Agency Trust to be used for or diverted to <br /> purposes other than for the exclusive benefit of Participants who <br /> have an interest in such Agency Trust or for the purpose of <br /> defraying the reasonable expenses of administering such Agency <br /> Trust. <br /> 2s <br /> 2567_12 PEL <br /> _ __ _. _ . <br />