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•• <br />Section 4.2 Distribution of Trust Property: Distributions of the Trust Prop - <br />Only shall be made to, or on behalf of, the Public Employer or Public Employer <br />Trustee, in accordance with the terms of the Deferred Compensation Plans. <br />Qualified Pians or Employer Trusts The Trustees of the Retirement Trust shall <br />be fully protected in making payments in accordance with the directions of <br />the Pubic Employers, Public Employer Trustees or other Trusteed the Employer <br />Trusts wlhout ascertaining whether such payments are in compliance wrth the <br />provisions of the Deferred Compensation or Qualified Plans, of the agreements <br />creating the Employer Trusts <br />Section 4.3 Execution of Instruments: The Trustees may unanimously <br />cIngnale any one or more of the Trustees to execute any instrument or docu <br />merit on behalf of all, including but not limited to the signing or endorsement <br />ol any check and the signing M any applicati0ns, insurance and other con- <br />tracts. and the Acton of such designated Trustee of Trustees shall have tare <br />same force and effect as if taken by all the Trustees <br />ARTICLE V. DUTY OF CARE AND LIABILITY OF TRUSTEES <br />Section 5.1 Duty of Care: In exercising ;ho powers hereinbefore granted to <br />the Trustees. the Trustees Shall perform all acts within their authonly for the <br />exclusive putpose of prov:ang benefits for the Public Employers in connec. <br />tion with Deterred Compensai un Plans and Public Employer Truslees pursuant <br />to Qualified Plans, and shall perform such acts with the care• skill. prudence <br />and diligence in the circumstances then prevailing that a prudent person act <br />:ng in a like capacity and familiar with such mallers would use to the conduct <br />of an enterprise of a like character and with like ams <br />Section 6.2 Liability: The Trustees shall not be liable for any mistake of judg- <br />menl or other action taken in good faith, and for any action taken or omitted <br />in tel:ance In good faith upon the books of account or other records of the <br />Retirement Trust upon the opinion of counsel, or upon reports made to the <br />Retirement Trust by any of its officers, employees or agents or by the Invest, <br />ment Adviser 0r any sub investment adviser, accountants, appraisers or other <br />experts or ConSultants selected with reasonable care by the Trustees_ officers <br />or employees of the RePrenreni Trust The Trustees shall also not be liable tot <br />any Toss sustained by the Trust Property by reason of any investment made <br />in good faith and :n accordance wilt) the standard of care set forth in Section 51 <br />Section 5.3 Bond: No Trustee shalt be obf:gated to give any bond Of other <br />secunly for the performance of any of his of her cubes hereunder <br />ARTICLE VI. ANNUAL REPORT TO SHAREHOLDERS <br />The Trustees shall annually submit to the Public Employers and Public Employer <br />Truslees a wnnen report of the transactions Of the Retirement Trust, including finan <br />tial statements which shall be ceridiod by independent public accountants Cha <br />sen by the Trustees <br />ARTICLE VII. DURATION OR AMENDMENT OF RETIREMENT TRUST <br />Section 7.1 Withdrawal: A Public Employer of Public Employer Trustee may. <br />at any time withdraw from this Retirement Trust by delivering to the Board of <br />Trustees a written statement of withdrawal. In such statement the Public <br />Employer or Public Employer Trustee shall acknowledge that the Trust Prop <br />eny allocable to the Public Employer is derived from compensation deferred <br />by employees of such Public Employer pursuant to its Deferred Compensa <br />ton Plan of from conlr butions to the accounts of Employees pursuant to a <br />Qualified Plan, and Shall designate the financial insMulion to which Such properly <br />shall be transferred by the Trustees of the Retirement Trust or by the Trustee <br />of the Employer Trust <br />Section 7.2 Duration: The Retirement Trust shall continue until terminated <br />by the vote of a majority of the Peuhc Employers each Casting one vole Upon <br />termination, all of the Trust Properly shall be pa,d out to the Puu:c Empftyots, <br />Pubic Employer Trustees of the Trustees d the Employer Trusts as appiopnaie <br />Section 7.3 Amendment: The Retirement Trust may be amended by the vote <br />of a majonly of the Public Employers. each Casting one vote <br />Section 7.4 Procedure: A resolution to terminate or amend the Retirement <br />Trust or to remove a trustee shall be subm4led to a vote of the Pubic EmpJ0yers <br />it. (i) a majority of the Trustees so d ract. or, (u) a petition requesting a vote <br />signed by not less than 25wb of the Public Employersis submitted to the <br />Trustees <br />ARTICLE VIII. MISCELLANEOUS <br />Section 8.1 Governing Law: Except as otherwise regwred by state or local <br />law. this Declaration of Trust and the Retirement Trust hereby Created shad be <br />Construed and regulated by the laws of the District of Columbia <br />Section 8.2 Counterparts: This Declaration may be executed by the Public <br />Employers and Trustees in two or more coonlerparls each of wn,Ch shay be <br />deemed an original but all of which together shall consi,juie one and the same <br />ins'.rument <br />