Section 5. Insurance. The Trustees shall purchase Errors and Omissions Insurance for the purpose of obtaining indemnity against liability of any kind arising out of acts or omissions of such Trustees, including legal fees and other expenses of litigation which the Trustees or any of them may incur; provided, however, that such Errors and Omissions Insurance shall not protect any Trustee from liability arising out of the Trustee's own willful misconduct, bad faith or gross negligence; and provided further, however, that such Errors and Omissions Insurance shall permit recourse by the insurer against a Trustee or Trustees in the case of a breach of fiduciary obligation by such Trustee or Trustees. The Trustees are authorized to pay the premiums for such Errors and Omissions Insurance from the assets of the Trust. Notwithstanding the previous two sentences, the Trustees in their individual capacity are authorized, for the appropriate additional payment which is not paid from the assets of the Trust, to obtain a nonrecourse endorsement on such Errors and Omissions Insurance.

Notwithstanding anything otherwise contained in this agreement, with respect to any matter which calls for notice to the Trustees hereunder, the Trustees shall have no obligation with regard to any action or nonaction as to such matter until and unless such notice is received by them.

The Trustees shall be fully protected in acting upon any instrument, certificate, or paper believed by them to be genuine and to be signed or presented by the proper person or persons, and shall be under no duty to make any investigation or inquiry as to any statement contained in any such writing, but may accept the same as conclusive evidence of the truth and the accuracy of the statements therein contained.

The Trustees may from time to time consult with the Plan's legal counsel and shall be fully protected in acting upon the advice of such counsel.