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12.04 Standard of Performance. The Board of Trustees and each of its members shall use <br />the care, skill, prudence and diligence under the circumstances then prevailing that a <br />prudent man, acting in a like capacity and familiar with such matters, would use in <br />conducting his business as the administrator of the Plan. <br />12.05 Liability of Board of Trustees and Liability Insurance. No member of the Board of <br />Trustees shall be liable for any act or omission of any other member, any investment <br />manager appointed by the Board of Trustees or any other agent appointed by the <br />Board of Trustees. <br />12.06 Standard of Judicial Review of Board of Trustees' Actions. The Board of Trustee have <br />full and absolute discretion in the exercise of each and every aspect of its authority <br />under the Plan, including without limitation, the authority to determine any person's <br />right to benefits under the Plan, the correct amount and form of any benefits, the <br />authority to decide any appeal, the authority to review and correct the actions of any <br />prior administrative committee, and all of the right, powers, and authorities specified <br />in this Plan. Notwithstanding any provision of law or any explicit or implicit provision <br />of this document or, any action taken, or ruling or decision made by the Board of <br />Trustees in the exercise of any of its powers and authorities under the Plan, its actions <br />shall be final and conclusive as to all parties, including without limitation all Firefighters <br />and beneficiaries, regardless of whether the Board of Trustees or one or more of its <br />members may have an actual or potential conflict of interest with respect to the subject <br />matter of the action, ruling, or decision. No final action, ruling, or decision of the Board <br />of Trustees shall be subject to de novo review in any judicial proceeding; and no final <br />action, ruling, or decision of the Board of Trustees may be set aside unless it is held <br />to have been arbitrary and capricious by a final judgment of a court having jurisdiction <br />with respect to the issue. <br />12.07 Administrative Policies. The Board shall establish administrative procedures to be <br />utilized in processing claims or matters which affect the substantial rights of any <br />person, including Participants, retirees, beneficiaries or any person affected by a <br />decision of the Board. <br />12.08 Evidence Furnished Conclusive. Any person or persons involved in the administration <br />of the Plan shall be entitled to rely upon any representation made or evidence furnished <br />by a Firefighter or beneficiary with respect to his age or other facts required to be <br />determined under any of the provisions of the Plan and shall not be liable on account <br />of the payment of any monies in reliance on those representations. Any representation <br />or evidence shall be binding upon the Firefighter or beneficiary making or furnishing it <br />but not upon the City of Paris, the Board of Trustees or any other person or persons <br />involved in the administration of the Plan. Any of those parties may contest any <br />representation or evidence. Each Firefighter and beneficiary has a duty to submit <br />satisfactory proof of his age and other facts. <br />28 <br />