Trust Amendment. Except as limited below, the Chief Executive Officer --------------- of the Company and the Chairman of the Compensation Committee of the Company's Board of Directors shall have the right to amend this Trust Agreement at any time. Such amendment shall be stated in an instrument in writing, executed by such Chief Executive Officer and Chairman. Upon delivery of an executed counterpart of such instrument to the Trustee, the Trust shall be deemed to have been amended in the manner set forth in such instrument, and all participants and the Company shall be bound by the amendment; provided, however, that: (a) no amendment shall increase the duties or liabilities of the Trustee without its written consent; (b) no amendment shall reduce, impair or otherwise adversely affect any Plan participant's rights or protections under a Plan or this Agreement unless the participant consents in writing to such amendment; (c) no amendment shall cause the Trust to be terminated prior to the time set forth in Section 10.3; and (d) no amendment shall cause or permit any assets of the Trust to revert to the Company, except as permitted in Sections 2.3, 5.2, and 10.3.
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Trust Amendment. Except as limited below, the Chief Executive Officer --------------- of the Company and the Chairman of the Compensation Committee of the Company's Board of Directors shall have the right to amend this Trust Agreement at any time. Such amendment shall be stated in an instrument in writing, executed by such Chief Executive Officer and Chairmanattested by the Secretary or an Assistant Secretary of the Company. Upon delivery of an executed counterpart of such instrument to the Trustee, the Trust shall be deemed to have been amended in the manner set forth in such instrument, and all participants and the Company shall be bound by the amendment; provided, however, that:
(a) no amendment shall increase the duties or liabilities of the Trustee without its written consent;
(b) no amendment shall reduce, impair or otherwise adversely affect any Plan participant's rights or protections under a Plan or this Agreement unless the participant consents in writing to such amendment;
(c) no amendment shall cause the Trust to be terminated prior to the time set forth in Section 10.3; and
(d) no amendment shall cause or permit any assets of the Trust to revert to the Company, except as permitted in Sections 2.3, 5.2, and 10.3.. * * * * *
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