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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 P�an. <br /> 12.05 Liability of Board of Trustees and Liability Insurance. No member of the Board of <br /> Trustees shall be liabie 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 ]udicia) 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 estabtish 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 />