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<br /> <br /> <br /> <br /> <br /> <br /> <br /> With respect to management and control of investments, the Employer shall have <br /> the power to direct the Trustee in writing with respect to the investment of the Trust <br /> <br /> assets or any part thereof. <br /> <br /> Expenses and fees in connection with the administration of the Plan and the Trust <br /> <br /> shall be paid from the Trust assets to the fullest extent permitted by law, unless the <br /> <br /> Employer determines otherwise. In accordance with Section 53217 of the California <br /> <br /> Government Code, the Employer may elect to make contributions to the Trust sufficient <br /> <br /> to defray the expenses of administering the Plan or may pay such expenses directly. <br /> <br /> 5.2 Amendment and Termination. <br /> <br /> The Employer shall have the right to amend, modify or terminate this Plan at any <br /> time. The Employer shall not be liable for the payment of any benefits under this Plan <br /> <br /> and all benefits hereunder shall be payable solely from the assets of the Trust. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> NB 1:564577.3 15 <br /> <br /> 55A-54 <br />