WELL AS ANY OTHER
FIDUCIARY WHO IS ALSO AN OFFICER, DIRECTOR, OR EMPLOYEE OF AN EMPLOYER, AND HOLD
EACH OF THEM HARMLESS FROM AND AGAINST ALL CLAIMS, LOSS, DAMAGES, EXPENSE, AND
LIABILITY ARISING FROM THEIR RESPONSIBILITIES IN CONNECTION WITH THE
ADMINISTRATION OF THE PLAN WHICH IS NOT OTHERWISE PAID OR REIMBURSED BY
INSURANCE, UNLESS THE SAME SHALL RESULT FROM THEIR OWN WILLFUL MISCONDUCT.
C-3
APPENDIX D
FUNDING
D.1
BENEFITS PROVIDED SOLELY BY TRUST.
ALL
BENEFITS PAYABLE UNDER THE PLAN SHALL BE PAID OR PROVIDED FOR SOLELY FROM THE
TRUST, AND THE EMPLOYER ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFOR.
D.2
FUNDING OF PLAN.
THE PLAN SHALL BE FUNDED BY
ONE OR MORE SEPARATE TRUSTS.
IF MORE THAN ONE TRUST IS USED, EACH TRUST SHALL
BE DESIGNATED BY THE NAME OF THE PLAN FOLLOWED BY A NUMBER ASSIGNED BY THE
COMMITTEE AT THE TIME THE TRUST IS ESTABLISHED.
D.3
INCORPORATION OF TRUST.
EACH TRUST IS A PART
OF THE PLAN.
ALL RIGHTS OR BENEFITS WHICH ACCRUE TO A PERSON UNDER THE PLAN
SHALL BE SUBJECT ALSO TO THE TERMS OF THE AGREEMENTS CREATING THE TRUST OR
TRUSTS AND ANY AMENDMENTS TO THEM WHICH ARE NOT IN DIRECT CONFLICT WITH THE
PLAN.
D.4
AUTHORITY OF TRUSTEE.
EACH TRUSTEE SHALL HAVE
FULL TITLE AND LEGAL OWNERSHIP OF THE ASSETS IN THE SEPARATE TRUST WHICH, FROM
TIME TO TIME, ARE IN HIS SEPARATE POSSESSION.
NO OTHER TRUSTEE SHALL HAVE JOINT
TITLE TO OR JOINT LEGAL OWNERSHIP OF ANY ASSET IN ONE OF THE OTHER TRUSTS HELD
BY ANOTHER TRUSTEE.
EACH TRUSTEE SHALL BE GOVERNED SEPARATELY BY THE TRUST
AGREEMENT ENTERED INTO BETWEEN THE EMPLOYER AND THAT TRUSTEE AND THE TERMS OF
THE PLAN WITHOUT REGARD TO ANY OTHER AGREEMENT ENTERED INTO BETWEEN ANY OTHER
TRUSTEE AND THE EMPLOYER AS A PART OF THE PLAN.
D.5
ALLOCATION OF RESPONSIBILITY.
TO THE FULLEST
EXTENT PERMITTED UNDER SECTION 405 OF ERISA, THE AGREEMENTS ENTERED INTO BETWEEN
THE EMPLOYER AND EACH OF THE TRUSTEES SHALL BE INTERPRETED TO ALLOCATE TO EACH
TRUSTEE ITS SPECIFIC RESPONSIBILITIES, OBLIGATIONS AND DUTIES SO AS TO RELIEVE
ALL OTHER TRUSTEES FROM LIABILITY EITHER THROUGH THE AGREEMENT, PLAN OR ERISA,
FOR ANY ACT OF ANY OTHER TRUSTEE WHICH RESULTS IN A LOSS TO THE PLAN BECAUSE OF
HIS ACT OR FAILURE TO ACT.
D.6
TRUSTEE'S FEES AND EXPENSES.
THE TRUSTEE SHALL
RECEIVE FOR ITS SERVICES AS TRUSTEE HEREUNDER THE COMPENSATION WHICH FROM TIME
TO TIME MAY BE AGREED UPON BY THE SPONSOR AND THE TRUSTEE.
ALL OF SUCH
COMPENSATION, TOGETHER WITH THE EXPENSES INCURRED BY THE TRUSTEE IN CONNECTION
WITH THE ADMINISTRATION OF THIS TRUST, INCLUDING FEES FOR LEGAL SERVICES
RENDERED TO THE TRUSTEE, ALL OTHER CHARGES AND DISBURSEMENTS OF THE TRUSTEE, AND
ALL OTHER EXPENSES OF THE PLAN SHALL BE CHARGED TO AND DEDUCTED FROM THE TRUST
FUND, UNLESS THE SPONSOR ELECTS IN WRITING TO HAVE ANY PART OR ALL OF SUCH
COMPENSATION, EXPENSES, CHARGES, AND DISBURSEMENTS PAID DIRECTLY BY THE
SPONSOR.
THE TRUSTEE SHALL DEDUCT FROM AND CHARGE AGAINST THE TRUST ASSETS