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ARTICLE II <br />CREATION AND PURPOSE OF THE TRUST <br />SECTION 2.01. CREATION OF TRUST. There is hereby created and <br />established an investment trust for surplus public funds to be <br />known as the "Florida Counties Investment Trust," the operation and <br />administration of which shall be the responsibility of the <br />Trustees. The Trustees shall conduct the Trust's activities, hold <br />property, execute all documents and sue or be sued as the "Florida <br />Counties Investment Trust" and such name (and the name "Trust", <br />wherever used in this Agreement or related documents, except where <br />the context otherwise requires) shall refer to the Board of <br />Trustees in their capacity as Trustees, and not individually or <br />personally, and shall not refer to the officers, agents, employees, <br />counsel, advisors, consultants, accountants, or Participants of the <br />Trust or of such Trustees. Should the Trustees determine that the <br />use of such name is not practicable, legal or convenient, they may <br />use such other designation or adopt such other name for the Trust <br />as they deem proper, and the Trust may hold property and conduct <br />its activities under such designation or name. The Trustees shall <br />take such action as they deem necessary or appropriate to file or <br />register such name in accordance with the laws of the State or the <br />United States of America so as to protect and reserve the right of <br />the Trust in and to such name. <br />SECTION 2.02. PURPOSE AND NATURE OF TRUST. <br />(A) The purpose of the Trust is to provide Investment Funds <br />through which Public Entities may pool funds which are not <br />immediately required to be disbursed in order to take advantage of <br />Permitted Investments and maximize net earnings, subject to and in <br />accordance with the provisions of the laws of the State, from time <br />to time in effect, governing the investment of funds by such Public <br />Entities. <br />(B) The Trust is created pursuant to and shall be subject to <br />and governed by all applicable laws of the State. The Trust is not <br />intended to be, shall not be deemed to be, and shall not be treated <br />as a general partnership, limited partnership, joint venture, <br />corporation, investment company, joint stock company, or any other <br />entity or organization other than a local government surplus funds <br />trust fund. The Participants shall be the beneficiaries of the <br />Trust and their relationship to the Trustees shall be solely in <br />their capacity as Participants and beneficiaries in accordance with <br />the rights conferred upon them hereunder. <br />(C) This Agreement is an agreement of indefinite term <br />regarding the deposit, redeposit, investment, reinvestment and <br />withdrawal of local government funds within the meaning of the laws <br />