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(iv) To act upon proper directions of the Agency, the Plan Administrator or any other <br />fiduciary or Participant including directions in writing, or oral instructions which Trustee in its discretion <br />may follow prior to receipt of written instructions, instruction given by photostatic teletransmission using <br />facsimile signature, or those instructions which are digitally recorded on the Trustee's oral recording or <br />VRU communications system. If oral or digital instructions are given, to act upon those in Trustee's <br />discretion prior to receipt of written instructions. Trustee's recording or lack of recording of any such <br />oral or digital instructions taken in Trustee's ordinary course of business shall constitute conclusive proof <br />of Trustee's receipt or non - receipt of the oral or digital or VRU instructions; <br />In exercising the power and authority under this subparagraph (iv), the Trustee will perform <br />telephonic verification to the Plan Administrator, or other authorized representative properly designated <br />by the Plan Administrator or the Agency, or such other security procedure selected by the Plan <br />Administrator prior to wire transfer of funds as the Trustee may require. The Plan Administrator, the <br />Agency, and the Plan assume all risk with respect to delays or transfers if the Trustee is unable to reach <br />the Plan Administrator or other authorized representative properly designated by the Plan Administrator, <br />or in the event of delay as a result of attempts to comply with any other security procedure selected by <br />the Plan Administrator in connection with wire transfers or otherwise; <br />(v) To pay from the Trust the expenses reasonably incurred in the administration of <br />the Trust as provided in the Plan, to the extent such expenses are not paid by the Agency pursuant to <br />Section 10.2; <br />(vi) To maintain insurance for such purposes, in such amounts and with such <br />companies as the Plan Administrator shall elect, including insurance to cover liability or losses occurring <br />by reason of the acts or omissions of fiduciaries (but only if such insurance pen-nits recourse by the <br />insurer against a fiduciary in the case of a breach of a fiduciary obligation by such fiduciary). <br />3.3 Delegatee. The Plan Administrator may delegate certain authority, powers and duties to an entity <br />to act in those matters specified in the delegation ( "Delegatee''). Any such delegation must be in a <br />writing that names and identifies the Delegatee, states the effective date of the delegation, specifies the <br />authority and duties delegated, is executed by the Plan Administrator and is acknowledged in writing by <br />the Delegatee, the Trust Administrator (if not the Delegatee) and the Trustee. Such delegation shall be <br />effective until the Trustee and the Trust Administrator are directed in writing by the Plan Administrator <br />that the delegation has been rescinded or modified. <br />3.4 Directions to Trustee. Except as otherwise provided in this Trust Agreement, all directions to <br />the Trustee from the Plan Administrator or Delegatee must be in writing and must be signed by the Plan <br />Administrator or Delegatee, as the case may be. For all purposes of this Trust Agreement, direction shall <br />include any certification, notice, authorization, application or instruction of the Plan Administrator, <br />Delegatee or Trustee appropriately communicated. The above notwithstanding direction maybe implied <br />if the Plan Administrator or Delegatee has knowledge of the Trustee's intentions and fails to file written <br />objection. <br />The Trustee shall have the power and duty to comply promptly with all proper direction of the <br />Plan Administrator, or Delegatee, appointed in accordance with the provisions of this Trust Agreement. <br />In the case of any direction deemed by the Trustee to be unclear or ambiguous the Trustee may seek <br />written instructions from the Plan Administrator, the Agency or the Delegatee on such matter and await <br />HIC <br />