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be contributed under the Plan and paid or delivered to
the Trustee. All such money and property, all
investments and reinvestments made therewith and
proceeds thereof, and all earnings and profits therein,
less any losses thereon, and less the payments which at
the time of reference shall have been made by the
Trustee as authorized herein are referred to as the
"Trust Fund." The Trustee shall hold, invest, and deal
with the Trust Fund in accordance with this Prototype
Plan and Trust Agreement, the Adoption Agreement and
ERISA.
* * * * * * *
Except to the extent the Trustee is directed under
* * * [the provision on "Investment in Life Insurance
Contracts"] to invest in life insurance contracts, the
Trustee shall invest and reinvest the Trust Fund,
without distinction between principal and income, and
without liability for the payment of interest thereon,
in such property as the Trustee in its sole discretion
deems advisable, except that such discretion shall be
exercised in compliance with any funding-policy
guidelines communicated to the Trustee pursuant to
* * * [the provision on "Plan Funding Policy"]. The
Trustee shall not be obligated to restrict Trust Fund
investments to property of a character authorized for
investment by trustees under the law of any state,
district or territory.
* * * * * * *
The Trustee shall not engage in or cause the Trust to
engage in any transaction if it knows or should know,
through normal business sources (excepting information
received by any of its departments other than the Trust
Department, which shall not be imputed to the Trustee),
that such transaction constitutes a prohibited
transaction under ERISA which has not been exempted by
the Secretary of Labor from the restrictions otherwise
imposed upon prohibited transactions by ERISA.
The Employer shall provide the Trustee with such
information concerning the relationship between any
person or organization and the Plan or the Employer as
the Trustee may reasonably request in order to
determine whether or not such person or organization is
a party-in-interest with respect to the Plan.
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Last modified: May 25, 2011