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ARTICLE IV
<br /> DUTIES AND POWERS OF THE TRUSTEE
<br /> 4.1 General Powers of the Trustee. The Trustee will have all of the powers
<br /> necessary or desirable to properly perform its duties under this Trust.
<br /> 4.2 Investment Powers of the Trustee. The Trustee will be directed with respect to
<br /> all investments. Such direction will be either by the Committee or its appointed investment
<br /> manager(s). At the direction of the Committee or its appointed investment manager(s), the
<br /> Trustee may sell, write options on, convey or transfer, invest and reinvest any part thereof in
<br /> each and every kind of property, whether real, personal or mixed, tangible or intangible, whether
<br /> income or non income producing and wherever situated, including but not limited to, time
<br /> deposits, shares of common and preferred stock, mortgages, bonds, leases, notes, debentures,
<br /> equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securities
<br /> and other corporate, individual or government securities or obligations, annuity, retirement or
<br /> other insurance contracts, or mutual funds.
<br /> 4.3 Agents. Subject to applicable State law, the Trustee may employ such counsel,
<br /> accountants, brokers, actuaries and other agents and provide for such clerical, accounting,
<br /> actuarial and other services as the Trustee deems advisable to perform its duties under this
<br /> Trust, or as may be directed by the Committee.
<br /> 4.4 Settlement of Claims. The Trustee will have the power and authority to settle,
<br /> compromise or submit to arbitration, any claims, debts or damages due or owing to or from the
<br /> Trust; to commence or defend suits or legal or administrative proceedings whenever, in its
<br /> judgment, any interest of the Trust so requires, and to represent the Trust in all suits or legal or
<br /> administrative proceedings in any court of law or equity or before any other body or tribunal.
<br /> The Trustee shall inform the Committee as soon as possible about any such claims, debts or
<br /> damages, and shall fully cooperate with the Committee with respect to any suits or legal or
<br /> administrative proceedings that result from or arise out of such claims, debts or damages.
<br /> 4.5 Accounting.
<br /> (a) The Trustee shall keep appropriate and accurate accounts of, and
<br /> records reflecting all transactions concerning Trust assets, including but not limited to
<br /> contributions, gains, losses, expenses, and distributions of benefits. However, if Trust assets
<br /> are held by a bank or other custodian (such as an insurance company), then the Trustee will be
<br /> entitled to rely on the records of accounts provided to it by such custodians with respect to
<br /> contributions, gains, losses, expenses, distributions of benefits and all other transactions
<br /> involving Trust assets. The Trustee will be entitled to be reimbursed for its actual and
<br /> reasonable expenses incurred in preparing any accounting.
<br /> (b) The Trustee shall furnish the Committee with a written account of the
<br /> transactions concerning and status of Trust assets at such times and from time to time as
<br /> agreed to with the Committee, but no less than annually, as soon as practical after the last day
<br /> of each calendar year. The Trustee and Committee shall agree on the format and contents of
<br /> such accounting. At any time, the Committee may (but is not required to) engage an
<br /> independent certified public accountant to examine the Trust's financial statements or internal
<br /> control procedures. If the Committee engages an independent accountant, the Committee shall
<br /> require that such engagement provide that the examination be made according to generally
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