Laserfiche WebLink
time by filing with the Employer lts written resignation, Sueh resiynation <br />shall take eKect sixty (60) days from the date of sucl'i filing and upon <br />appointment of a successor pursuent to Section 6.3., whichever shall t,rat <br />occur. <br />Section 6,2. Ftemoval of Trustee. The Employer may remove the <br />Trustes at any time by delivering to the Trustee a written notice ot its <br />removal and an apppointment ol a successor pursuant to Section 6.3 <br />Such removal shall not take effect prior to sixty (60) days trorn such <br />delivery unless the Trustee agrees to an earlier etfective date. <br />Section 6.3. Appointment of Successor Trustee The apointment of a <br />successor to the Trustee shall take effect upon the delivery to the Trust2e <br />ot (a) an instrument in writing executed by the Employer appointing such <br />successor, and exonerating such successor trom IiaLiiity for the acts and <br />omisslons of its predecessor, and (b) an acceptance in wnting, executed <br />by such succt^ssor. <br />All of the provisions set forth herein with respect to the Trust-e shall <br />relate to each successor with the same force an_i ef`ect as if such <br />successor had been onginally named as Trustee hereunc!er <br />It a successor is not appolnted within sixty (60) days after the Trustee <br />gives notice of its resignation pursuant to Sec[ion 6 1_ the Trustee may <br />appry to any court of competent jurisdictiun for appointment ot a <br />successor. <br />Section 6.4 . Transfer ot Funds to Successor. Lpon the resi ,n;:ition or <br />removal of the Trustee and appointment of a successor, and atter the tinal <br />account of the Trustee has been properly settled, the Trustee shall <br />transfer and deliver any o' the Trust Funds invoived to such successor- <br />ARTICLE VII. Duration and Revocation of Trust Ayreement. <br />9ection r i Duration and Revoctition 1"his Trust shall continue for <br />SuCt'i time as m:3y be nece~tsary to accon!plish fhe Uurpo~~ior wiu(,:h it w.is <br />created biit may be ter'mina?ed or revoked at any time by the Employer as it <br />relates to any and/or all rel.ited participating Employees. Written notice ot <br />such termin,ition c,>r revocation shall be given to the Trustee by the <br />Fmployer. Upon termination or revocation of this Trust, all of the assets <br />thereof shall retum to and rervert to the Employer. Termination of this Trust <br />stiali not, hcwever, relieve the Employer of the Employer's continuing <br />priligetien to pay deft>rred coinpensation upon the appiicable dis[ribution <br />d~ite to any and/or each Employee with whqm the Employer has entered <br />inlo a Deferred Ccmpenseition Employment Agreemt,nt- <br />Sec'ion 72 Amendment. The Employer shall have the right to amend <br />this Ayreement in whole and in part but only with the Trustee's written <br />consent Any suc,h amendmerit shall become effective upon (a) t9elivery to <br />the ; rustee of a written instrument of amendment, and (b) the endorsement <br />by th<~~ Trus?ee on such instrument of its consent thereto- <br />ARTICLE VIII. Miscetlaneous. <br />SE,ction 81. Laws ot the State of Delaware to Govem This Agrvem2nt <br />snd the. Trusi herreby created shall be construed and regulated by the laws <br />ot the State o? Delaware. <br />Section 8 2, Successor Empioyers. The term "Empioyer" shaii include <br />any person who succeeds the Emplc>yer and who adopts the Deterred <br />Compensation Plan of the Rrtlrement Corporation and becomes a party to <br />tCis Agraement, with the consent of the Trustee. <br />Sc~ction 8 -3. Withdrawals The Employer may, at any time, and from <br />;ime to time, withdraw a portion or a!I of the Trust Funds created by this <br />A,)rerament and releted Deferred Compensation Empioyment <br />Agrec:ments, <br />Sectlon 8 d Detinitions Definitions in the By-Laws of terms, phrases, <br />etc, userd hrif~in ,ipply to the ;ame herein The masculine indudes the <br />ti'minirn.. ;1nd th~~ ,in, jul:ir in,lu,Jw; tIle plural unle ~s Ihe cor?tr'xt rur,auirt,s <br />inc~ili(,r ni,~inuky <br />