2004-08-25 WS & CC Meeting - Laserfiche WebLink

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, . ~ . . , J, . . , - ' .~ _ i\'i ,; 4,;~;;,i4];~ 'J ....;:i;,~,i;d':;>, ,\~,;~,:;li;;~;45,h,1"fi1ch(ait;d;ir ',; ,cid~~i1.t'i;'i,.iJtff,i ",i; ';j ,{;,(;;;"h,:;(.) ,i ,i;;!;;;,~~\,>t'"";\ ;~~"$~~:~~l;'~t.s~r~:~~~~,~~~~p.~~4;i'~~~'-f't~~~.f~?"l;!~~'0~~:!~J.~~~.~~.~?~~~~~~~'.::.>:.~~~~~~~J~-f~~~~4'f~~~;~ .' _'"...". '". '. 1.'-. ".: /", '!' ." . (b) the lCMA Retirement Trust (in which case the obligation of the Group Trusr shall run to the lCMA Retirement Trust); and (b) all provisions dealing with the number, qualification, elecrion, term and nomination ofT rustees shall not apply, and all othet provisions relating to trustees (including, but not limited to, resignation and removal) shall be interpreted in a manner consistent with the appointment of a single corporaktrustee. 2. Compliance with Revenue Procedure 81-100. The requirements of Revenue Procedure 81-100 are applicable to the Group Trust as follows: (a) Pursuant to the rerms of this Group Trust Agreement and Article X of the By-Laws, investment in the Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the ICMA Retirement Trust. (b) Pursuant to the By-Laws, the Group Trust is adopred as a part of each Qualified Plan that invests herein through the ICMA Retirement Trust. (c) In accord with the By-Laws, that part of the Group Trusr's corpus or income which equitably belongs to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to benefits under such Plan. (d) In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may assign any or part of its equity or interest in the Group Trust, and any purported assignment of such equity or interest shall be void. 3. Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust (including the lCMA Declaration to the extent incotporated herein) and the Group Trust created hereunder shall be construed and determined in accordance with applicable laws of the State of New Hampshire. 4. Judicia! Proceedings. The Trustee may at any time initiate an action or proceeding in the appropriate state or federal coUrtS within or outside the state of New Hampshire for the settlement of its accounts or for the determination of any question of construction which may arise Ot for instructions. 32 ~ ~. I> ....