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457 Governmental Plan and Trust
<br /> Administrative Services Provider, the Trustee, any
<br /> other Employee of the Employer, or any agents 8.02 ACCEPTANCE / HOLDING. The
<br /> thereof except as expressly provided by the Plan. Trustee accepts the Trust created under the Plan and
<br /> agrees to perform the duties and obligations imposed.
<br /> 7.06 NOTICE. DESIGNATION, ELECTION, The Trustee must hold in trust under this Article VIII,
<br /> CONSENT AND WAIVER. All notices under the all Deferred Compensation until paid in accordance
<br /> Plan and all Participant or Beneficiary designations, with the Pian terms.
<br /> elections, consents or waivers must be in writing and
<br /> made in a form acceptable to the Administrative 8.03 RECEIPT OF CONTRIBUTIONS. The
<br /> Services Provider. To the extent permitted by Trustee is accountable to the Employer for the funds
<br /> Treasury regulations or other applicable guidance, contributed to it by the Empioyer or the
<br /> any Plan notice, election, consent or waiver may be Administrative Services Provider, but the Trustee
<br /> transmitted electronically. Any person entitled to does not have any duty to see that the contributions
<br /> notice under the Plan may waive the notice or shorten received comply with the provisions of the Plan.
<br /> the notice period except as otherwise required by the
<br /> • Code. 8.04 FULL INVESTMENT POWERS The
<br /> Trustee is authorized and empowered, but not by way
<br /> 7.07 LIMITATIONS ON TRANSFERS AND of limitation, to exercise and perform the following
<br /> EXCHANGES. The Employer and the dnties:
<br /> Administrative Services Provider may adopt
<br /> procedures to govern Participant elections and (a) To invest any part or alt of the Trust in
<br /> directions concerning a Participant's, Beneficiary's, any common or preferred stocks, open-end or closed-
<br /> or Altemate Payee's investment specifications and end mutual funds, put and call options traded on a
<br /> may impose limitations on transfers and exchanges national exchange, United States retirement plan
<br /> from one investment option with the Plan to another. bonds, corporate bonds, debentures, convertible
<br /> These procedures shall be in addition to any debentures, commercial paper, U. S. Treasury bills,
<br /> established by investment providers to the Plan. The U. S. Treasury notes and other direct or indirect
<br /> Employer and the Administrative Services Provider obligations of the United States Government or its
<br /> may decline to implement any investment agencies, improved or unimproved real estate situated
<br /> instructions far a Participant, Beneficiary, or in the United States, limited partnerships, insurance
<br /> Alternate Payee where either deems appropriate. contracts of any type, mortgages, notes or other
<br /> property of any kind, real or personal, and to buy or
<br /> 7.08 EMPLOYER RESPONSIBII.ITY FOR sell options on common stock on a nationally
<br /> DISTRIBLTTION OF PLAN RELATED recognized options exchange with or without holding
<br /> INFORMATION. The Employer will disfibute ail the underlying common stock, as a prudent person
<br /> Plan related amendments, restated plan documents, would do under like circumstances. Any investment
<br /> and deferred compensation plan tax related made or retained by the Trustee in good faith will be
<br /> documentation to the Administrative Service proper but must be of a kind constituting a
<br /> Providers when there are multiple Administrative diversification considered by law suitable for trust
<br /> Service Providers of the Plan. investments;
<br /> 7.09 USE OF PLAN ASSETS THAT ARE (b) To retain in cash so much of the Trust as
<br /> NOT ATTRIBLTTABLE TO AN ACCOUNT. If the it may deem advisable to satisfy liquidity needs of the
<br /> Plan receives money that is not attributable to an Plan and to deposit any cash held in the Trust in a
<br /> Account, then the Employer will direct tl�e bank account at reasonable interest;
<br /> Administrative Services Provider as to the use of
<br /> these amounts. Examples include, but are not limited (c) To invest, if the Trustee is a bank or
<br /> to, money received by the Plan as part of a similar financial institution supervised by the United
<br /> settlement, litigation award or fee reimbursement. States or by a State, in any type of deposit of the
<br /> The Employer may use these amounts to offset Plan Trustee (or a bank related to the Trustee within the
<br /> expenses or may allocate these amounts to meaning of Code §414(b)} at a reasonable rate of
<br /> Participants or as it deems appropriate interest or in a common trust fund as described in
<br /> Code §584, or in a collective investment fund, the
<br /> provisions of which the Trust incorporates by this
<br /> ARTICLE VIII reference, which the Trustee (or its affiliate, as
<br /> TRUST PROVISIONS defined in Code §1504) maintains exclusively for the
<br /> collective investment of money contributed by the
<br /> 8.01 APPLICATION. The provisions of bank (or its affiliate) in its capacity as Trustee and
<br /> this Article VIII apply only if the Employer has not which conforms to the rules of the Comptroller of the
<br /> elected to substitute another trust, cusiodial accounts C�Zrrency;
<br /> or annuity contracts in lieu of the Trust established
<br /> under this Article VIII,
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