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RESOLUTION N0. 2008-163 employee at any time with or without cause. Any Benefit payments to Beneficiaries hereunder shall be -limited to the extent provided herein. SECTION 5.02 Limited, Indemnification by Beneficiaries. If any Beneficiary receives one or more payments or reimbursements under the Trust that are not specifically. for Benefits, such Beneficiary shall indemnify and reimburse the County for any liability the County may incur.for failure to withhold federal or state income tax or Social Security tax from such payments or reimbursements; provided, however, such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax that the Beneficiary would have owed if the payments or reimbursements had been made to the Beneficiary as regular cash compensation, plus the Beneficiary's share of any Social Security tax that would have been paid on such compensation, less any such additional income and Social Security tax actually paid by the Beneficiary. Whenever payments have been made by the Trust with respect to Benefits in a total amount, that is in excess of the maximum amount of payment necessary at that time to satisfy the intent of any coordination of benefits provision in the Trust, or the Beneficiary does not make voluntary payment under the provisions hereunder within 30 days after notification thereof, the Trustee shall have the right to recover such payments, to the extent of such excess, from any persons to, or for, or with respect to whom such payments were made; from any future payments due to the Beneficiary from the Trust; or from any other organization as the Trustee shall determine. SECTION 5.03. Defense of Trust. The County or the Trustee shall have the right to defend the position of the Trust created hereunder as tax-free under Section 115(1) of the Code. SECTION 5.04. Accrued and Undistributed Income. Upon the death of any Beneficiary for whom a benefit is held or a share of the Trust allocated, any accrued or undistributed net income with respect thereto shall be held and accounted for or distributed in the same manner as if it had been accrued or received after the death of such Beneficiary. SECTION 5.05. Inspection of Records. The financial records of the Trustee with respect to the Trust shall be open at all reasonable times for inspection by the County and all Beneficiaries and in the event of the incapacity or minority of a then -current Beneficiary, by that Beneficiary's guardian, conservator, or custodian of the estate. SECTION 5.06. Prohibition on Assignment. No Benefit shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void. No Benefit shall in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person. SECTION 5.07. Subrogation. In the event that Benefits are paid hereunder to or for a Beneficiary, the Trust shall be subrogated to any and all rights of recovery of such Beneficiary against a third party. The Trust's right of subrogation shall only become 13