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RESOLUTION NO. 2008-163 (d) The duties, powers and responsibilities of the Trustee shall be limited as specifically provided herein. No person serving as a Trustee or as a member of the OPEB Trust Board as Trust Administrator hereunder shall be liable or responsible to anyone for any matter or thing whatsoever, provided only that the Trustee and the members of the OPEB Trust Board as Trust Administrator has met the prudent person standard as described above. (e) The Trustee and the OPEB Trust Board as Trust Administrator, as applicable in performing any act hereunder, shall be entitled to rely upon any affidavit, certificate, letter, notice, telegram or other paper or document believed by the Trustee and the OPEB Trust Board as Trust Administrator, as applicable to be genuine and upon any information or evidence believed by the Trustee and the OPEB Trust Board as Trust Administrator, as applicable to be sufficient; and the Trustee shall be protected in all payments hereunder if made in good faith and without actual knowledge of the happening of an event or a change in conditions which would affect such payments. (f) Neither the Trustee nor the OPEB Trust Board as Trust Administrator shall take any action nor make any determination inconsistent with any qualification or ruling of the Internal Revenue Service, an arbitrator or the courts with respect to the Trust. In the case of amendments to the Code or changes of regulations by the Internal Revenue Service or other governmental agency, the Trustee is empowered to take all necessary actions authorized by this Resolution, federal and state law and regulations, to continue the qualification of the Trust as a Code Section 115 Trust. (g) The Trustee shall discharge its duties with respect to the Trust solely in the interest of the Beneficiaries for the exclusive purpose of providing Benefits to Beneficiaries and paying Administrative Expenses of the Trust. SECTION 3.03. Powers of the Trustee Delegation of Certain Powers to OPEB Trust Board as Trust Administrator. Subject only to such instructions, rules, and restrictions as may from time to time be adopted by the County, the Trustee shall have the powers and rights set forth below, and the powers and rights contained in subsections 3.03 (a); (b); (c); (g); and (i), all of which are hereby delegated to the OPEB Trust Board as Trust Administrator; provided however, that the Trustee hereby reserves unto itself, and specifically does not delegate to the OPEB Trust Board as Trust Administrator, those powers of the Trustee that are contained in subsections 3.03 (d); (e); (f); (h); and 0); and further provided, that the Trustee hereby reserves unto itself, and specifically does not delegate to the OPEB Trust Board as Trust Administrator, those powers of the Trustee that are invested in the Trustee by law. (a) Administrative Powers. The Trustee shall receive, hold, invest and reinvest contributions to the Trust and shall make disbursements from the Trust pursuant to applicable provisions of this Resolution and any Plan. Financial reporting for the Trust shall be in conformance with Generally Accepted Accounting Principles. (b) Investment Powers. The Trustee shall have the power to hold, manage, and control the assets of the Trust during the continuance of the Trust. The Trustee 9