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RESOLUTION NO. 2008-163 <br />Trustee. To the extent allowed or required by the Code, and other applicable federal, <br />Florida, or local law, the Trustee shall be a separate legal entity with all powers and <br />responsibilities conferred upon it by law including the power to bring and defend <br />lawsuits of every kind, nature and description. The Trustee is hereby authorized to <br />make and adopt such reasonable rules and regulations as may be necessary or <br />convenient to carry out the duties of the Trustee hereunder and the activities of the <br />Trust. The Trustee hereby authorizes the OPEB Trust Board to perform, and delegates <br />to the OPEB Trust Board certain of the responsibilities of day to day administration of <br />the County OPEB Trust on behalf of the Trustee, as more specifically set forth in this <br />Resolution. <br />SECTION 3.02. Administration of Trust. <br />(a) The Trust shall be administered for the benefit of all Beneficiaries as herein <br />provided, without discrimination in favor of one or some Beneficiaries as against one or <br />some other Beneficiaries. Nothing contained in this Resolution or the Plan shall <br />constitute a guarantee that Trust assets will be sufficient to pay any Benefits to any <br />particular Beneficiary. <br />(b) Whenever action is required by the Trustee hereunder, the same may be <br />taken by the OPEB Trust Board as Trust Administrator, solely to the extent of those <br />powers specifically delegated to the OPEB Trust Board as Trust Administrator in this <br />Resolution, as delegated agent for that purpose by Trustee. The OPEB Trust Board <br />shall provide quarterly reports to the Trustee. The Trustee shall be entitled to rely upon <br />information or instructions received from the OPEB Trust Board as Trust Administrator <br />as agent of the County . Any information or instruction from the County to the OPEB <br />Trust Board as Trust Administrator or to the Trustee shall be in writing and shall be <br />effective upon delivery to the OPEB Trust Board as Trust Administrator or Trustee, as <br />applicable. <br />(c) The Trustee shall be under no duty or responsibility to inquire into the acts or <br />omissions of the County, nor shall the Trustee have any liability therefor. Should it <br />become necessary to perform some act hereunder and there is neither direction in this <br />Resolution nor information nor instructions from the County on file with the Trustee, or <br />OPEB Trust Board as Trust Administrator, as applicable, relating thereto, and such <br />information or instructions cannot be obtained after reasonable inquiry, the OPEB Trust <br />Board as Trust Administrator shall have full power and authority to act in their <br />discretion, consistently with the purpose of the Trust and this Resolution and as <br />specifically delegated in this Resolution; and in so acting or in following any instructions <br />from the County, the OPEB Trust Board as Trust Administrator shall be fully protected <br />and shall be absolved from all liability provided the OPEB Trust Board as Trust <br />Administrator discharges its duties with the care, skill, and caution under the <br />circumstances then prevailing which a prudent person, acting in a like capacity and <br />familiar with those matters, would use in the conduct of an activity of like character and <br />purpose. <br />M <br />