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�. 1 . <br /> � �� <br /> and investment income attributable to such Plan shall be returned to the Member � <br /> Agency upon appiication to the Trustee. <br /> 7.5 Fund Recovery Based on Mistake of Fact ' <br /> Except as hereinafter provided, the Assets of the Agency Trust shall never inure <br /> to the benefit of the Member Agency. The Assets shall be held for the exclusive <br /> purposes of providing benefits to Participants having an interest in the Plan and <br /> defraying reasonable expenses of administering the Agency Trust. The sole <br /> exception to the foregoing is as follows: <br /> Mistake of Fact. In the case of a contribution which is made by the Plan <br /> Administrator because of a mistake of fact, that portion of the contribution relating <br /> to the mistake of fact (exclusive of any eamings or losses attributable thereto) <br /> may be retumed to the Plan Administrator, provided such retum occurs within <br /> one (1) year after discovery by the Plan Administrator of the mistake. If any <br /> repayment is payable to the Plan Administrator, then, as a condition to such <br /> repayment, and only if requested by Trustee, the Plan Administrator shall <br /> execute, acknowledge and deliver to the Trustee its written undertaking, in a form <br /> satisfactory to the Trustee, to indemnify, defend and hold the Trustee harmless <br /> from all claims, actions, demands or liabilities arising in connection with such <br /> repayment. <br /> 7.6 Transfers from Other Qual�ed Plans <br /> Notwithstanding any other provision hereof, there may be transferred to the <br /> Trustee, upon direction of the Plan Administrator, all or any of the assets held <br /> (whether by a trustee, custodian or otherwise) on behalf of any other plan which <br /> satisfies the appficable requirements of Section 401 of the Code, and which is <br /> maintained for the benefit of any persons who are or will become Participants in <br /> the Plan. <br /> 7.7 Termination <br /> The PARS Trust Agreement may be terminated only by a unanimous agreement <br /> of all Member Agencies. Such action must be in writing and delivered to the <br /> Trustee and Trust Administrator. <br /> Article VIII <br /> MISCELLANEOUS PROVISIONS <br /> 8.1 Nonalienation <br /> To the maximum extent permitted by law, a Participant's interest in the Agency <br /> Trust shall not in any way be liable to attachment, garnishment, assignment or <br /> 30 <br /> 2567_12 PEL <br /> _ __ _ _ . _ <br />