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<br />VA-N~TAGECARE RETIREMENT HEALTH SAVl^TCS PLAN
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<br />such investment in the absence of directions from the investment manager. Notwithstanding anything to
<br />the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemni-
<br />fication if the Trustee fails negligently, intentionally or recklessly to perform any of the duties undertaken
<br />by it under the provisions of this Trust.
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<br />6.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer,
<br />the Administrator and the investment manager or another agent of the Employer, will be responsible for
<br />valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing
<br />of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims,
<br />actions, demands, liabilities, losses, damages, or expenses of whatsoever kind and nature, which arise
<br />from or are related to any use of such valuation by the Trustee or holding, trading, or disposition of such
<br />assets.
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<br />6.6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all ac-
<br />tions, claims, demands, liabilities, losses, damages and reasonable expenses of whatsoever kind and
<br />nature in connection with or arising out of (a) the Trustee's failure to follow the directions of the Employer,
<br />the Administrator, the investment manager, or agents thereof, except as permitted by the last sentence of
<br />Section 6.3 above; (b) any disbursements made without the direction of the Employer, the Administrator,
<br />the investment manager or agents thereof; and (c) the Trustee's negligence, willful misconduct, or reck-
<br />lessness with respect to the Trustee's duties under this Declaration.
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<br />ARTICLE VII
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<br />Contributions
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<br />7.1 Employer Contributions. The Employer shall contribute to the Trust such amounts as specified in the
<br />Plan or by resolution.
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<br />7.2 Participant Contributions. If specified in the Plan, each Participant may make voluntary after-tax
<br />contributions. Under no circumstances shall Participant Contributions exceed an insubstantial amount.
<br />These contributions shall be collected by the Employer and remitted to the Trust for deposit at such time
<br />or times as required under the terms of the Plan.
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<br />7.3 Accrued Leave. Contributions up to an amount equal to the value of accrued sick leave, vacation
<br />leave, or other type of accrued leave, as permitted under the Plan. The Employer's Plan must provide a
<br />formula for determining the value of the Participant's contribution of accrued leave. The Employer's Plan
<br />must contain a forfeiture provision that will prevent Participants from receiving the accrued leave in cash
<br />in lieu of a contribution to the Trust.
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<br />7.4 Accounts. Employer contributions, Participant contributions, and contributions of accrued leave, all
<br />investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be
<br />deposited into an Account in the name of the Participant for the exclusive benefit of the Participant, his
<br />Spouse, Dependents and Beneficiaries, The assets in each Participant's Account may be invested in
<br />Investment Funds as directed by the Participant (or, after the Participant's death, by the Spouse,
<br />Dependents or Beneficiaries) from among the Investment Funds selected by the Employer.
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<br />7.5 Receipt of Contributions. The Employer or, if so designated by the Employer, the Administrator or
<br />investment manager or another agent of the Employer, shall receive all contributions paid or delivered to
<br />it hereunder and shall hold, invest. reinvest and administer such contributions pursuant to this Declara-
<br />tion, without distinction between principal and income. The Trustee shall not be responsible for the
<br />calculation or collection of any contribution under the Plan, but shall hold title to property received in
<br />respect of the Plan in the Trustee's name as directed by the Employer or its designee pursuant to this
<br />Declaration.
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