• PURPOSE AND CONDITIONAL ESTABLISHMENT OF PLAN AND TRUST
• EXCLUSIVE BENEFIT OF PARTICIPANTS
• CONSTRUCTION
• EMPLOYMENT RELATIONSHIP NOT AFFECTED
• NON ALIENATION
• SEVERABILITY OF PROVISIONS
• LIMITATION OF LIABILITY OF INSURER
• ADMINISTRATION EXPENSES
• COUNTERPART CLAUSE
  

ARTICLE 12. MISCELLANEOUS PROVISIONS

12.1 PURPOSE AND CONDITIONAL ESTABLISHMENT OF PLAN AND TRUST.

The Plan, together with the Trust established by the Union and the
Trustees, will constitute a Plan and Trust intended to qualify under Sections 401(a) and 501(a) of the Code for the purpose of providing retirement benefits for those Employees of the Contributing Employers who qualify for participation under Plan.

In the event the Trustee submits the Plan to the Internal Revenue Service for its review, and the Commissioner of Internal Revenue issues an adverse determination letter with respect to the qualification of the Plan and exemption of the Trust, or upon receipt of advice from the commissioner of Internal Revenue that the Plan is not initially qualified under the applicable provisions of the Code, or that the Trust is not initially exempt from income tax, and the Plan cannot be timely amended so as to qualify for the year in which first effective, all of the contributions made to it, not exceeding the value to the extent applied to Contracts or other investments, less charges and other adjustments under such Contracts, if any, and less amounts required for payment of administrative expenses, will be distributed to the contributors (or their legal representatives), together with any earnings or increments attributable to such contributions, within one year from the date of such denial of qualification. However, the return will only be allowed if the application for initial qualification is made by the time prescribed by law for filing the Plan or such later date as the Secretary of the Treasury may prescribe.

12.2 EXCLUSIVE BENEFIT OF PARTICIPANTS.
Except as provided in Article 5.5(d) and Article 3.2 of the Trust Agreement, and subject to the provisions of Article 12.1, no part of the corpus or income under the Plan or Trust will, at any time prior to the satisfaction of all liabilities under the Plan, revert to the Employer or be used for or diverted to any purpose other than the exclusive benefit of Participants, their Spouses, or their Beneficiaries, in accordance with the terms of the Plan.

12.3 CONSTRUCTION.
The Plan will be construed according to the laws of the State in which the principal office of the Union is located. In construing the terms of the Plan, the masculine will include the feminine, and the singular the plural, according to the context within which used.

12.4 EMPLOYMENT RELATIONSHIP NOT AFFECTED.
The establishment and maintenance of the Plan and Trust will not be construed as a contract between a Contributing Employer and any Employee so as to give such Employee the right to be retained by the Contributing Employer or interfere with the rights of the Contributing Employer to discharge such Employee at any time.

12.5 NON ALIENATION.
Except as may be permitted in Code Section 401(a)(13), its regulations, and a qualified domestic relations order, as described in Section 414(p) of the Code, the interest of any Participant or his Beneficiaries in the Plan or in the Trust will not be subject to assignment, transfer attachment, execution, garnishment, sequestration, or any other seizure under any legal or equitable process, whether on account of the Participant's act or by operation of law.

12.6 SEVERABILITY OF PROVISIONS.
If one or more of the provisions of the Plan and Trust are declared void by an authority having legal jurisdiction, or are determined to be inconsistent with the exempt purposes of the Trust, or inconsistent with the primary purpose of this Plan, such declaration or determination will not be construed so as to impair the validity of the remaining provisions, it being the intent of the Trustees that the Plan and the Trust Agreement are to be executed and to remain effective as if the void or inconsistent provision had not been included therein.

12.7 LIMITATION OF LIABILITY OF INSURER.
No Insurer will be considered a party to the Plan or to the Trust nor bound by any of its provisions for any purpose, nor in any way responsible for its performance, validity or sufficiency. The Insurer will only be obligated by the terms of the contract and be fully protected in accepting and acting upon the request, advice or representation of, or any instrument executed by, the Trustee, the or any named fiduciary without ascertaining the accuracy of such request, advice or representation, or the authority of the Trustee, or the named fiduciary to so act. The Insurer will be fully protected in dealing with the Trustees, or the named fiduciary, as designated by the latest written notification received by the Insurer at its Home Office from the Trustee or a named fiduciary, as applicable. The Insurer will be fully discharged from liability for any amount paid to the Trustee, or to any person, in accordance with the direction of the Trustees, or for any change made or action taken upon such direction; nor will it be obligated to see to the proper allocation of funds paid to the Trustee.

12.8 ADMINISTRATION EXPENSES.
The Trustees have discretion to allocate reasonable administration expenses for operating or establishing the Trust Fund in whole or in part to the Employer or to the Participants.

12.9 COUNTERPART CLAUSE.
This Plan may be executed in any number of counterparts, each of which will be deemed an original, and the counterparts will constitute one and the same instrument which will be sufficiently evidenced by any one thereof.