R2013-23 APPROVING AMENDMENT TO EMPLOYER PARTICIPATION AGREEMENT

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or received by the Trustee from any other source shall be allocated in accordance with written instructions received from the Employers or Administrator. The Advisory Committee or the Employers shall have all power over and responsibility for the selection of investment vehicles and the management, disposition, and investment of assets of the Trust, including, but not limited to, the selection of investment options. The Trustee shall comply with written instructions concerning those assets, subject to restrictions, if any, imposed by the investment options and the operation of any securities markets. The Employers shall not issue, and the Trustee shall have no obligation to comply with, directions that violate the terms of the Plan or this Agreement. Except as provided in this Agreement, the Trustee shall have no duty or responsibility to review, initiate action, or make recommendations regarding the Trust and shall retain assets until directed in written instructions to dispose of them. The Trustee shall not be liable for any loss which results from exercise of investment decisions made by the Advisory Committee, the Employers, or Plan Participants. If a Participant who has investment authority under the terms of the Plan fails to provide directions, the Employers, or its designee, shall direct the investment of the Participant's account. The Trustee shall have no duty or responsibility to review or make recommendations regarding investments made at the direction of the Advisory Committee, the Employers, Administrator, or Plan Participant, or beneficiary and shall be required to act only upon receipt of proper written instructions or the direction of the Participant in the manner designated by the Trustee. No one providing investment advice to the Plan, the Employers, Participant or other party is acting as an agent of the Trustee for such purpose. Any party who is an agent of the Trustee in any other capacity will be treated as the agent of the Plan, the Employers, Participant, or other party to whom such investment advice is provided, when providing such advisory services. 7.3 Rights of Trustee in Investment Options of the Fund. The Trustee shall exercise all rights and privileges granted under the investment options of the Fund, as directed by the Advisory Committee or other party designated under the Plan. The Trustee shall have no discretion in the exercise of such rights and privileges and, consequently, shall have no responsibility for any action taken by it under the investment options for its failure to take such action. Any decisions concerning the purchase, retention, or termination of a Plan's investment in the investment options shall be made only by the Advisory Committee or other party designated under the Plan. In no case will the Trustee have any responsibility for such decisions. The Trustee, upon receipt of written instructions from the Advisory Committee or Administrator, will process requests for disbursements and withdrawals. Any notice of termination of participation under an investment option shall require the written instructions to the Trustee. The foregoing authority of the Advisory Committee to act and to direct the Trustee to act under the investment options shall neither preclude nor interfere with the exercise by the Trustee of its rights and responsibilities under this Agreement. Accordingly, the Trustee shall be entitled at all times, without limitation, to deduct from the assets of the Trust any amount which becomes payable pursuant to Section 2.6, Section 2.7, or Section 10.2 of this Agreement, as specified in such sections. 7