Common use of Establishment of the Fund Clause in Contracts

Establishment of the Fund. The Grantor and the Trustee hereby establish a trust fund, hereinafter the "Fund", for the benefit of the Department. The Grantor and the Trustee intend that no third party shall have access to the Fund except as herein provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee and the Department, described in Schedule "B", attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, in Trust, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Department.

Establishment of the Fund. The Grantor and the Trustee hereby establish a trust fund, hereinafter “the "Fund"”, for the benefit of the DepartmentKDHE. The Grantor and the Trustee intend that no third party shall have access to the Fund except as herein provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee and the DepartmentTrustee, described in Schedule "B", B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, in TrustIN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the DepartmentKDHE.

Establishment of the Fund. The Grantor and the Trustee hereby establish a trust fund, hereinafter the "“Fund", ,” for the benefit of the Department. The Grantor and the Trustee intend that no third party shall have access to the Fund fund except as herein provided. [The Fund is established initially as consisting a standby to receive payments and shall not consist of any property.] Payments made by the property, which is acceptable Provider of Financial Assurance pursuant to the Department instruction are transferred to the Trustee and the Department, described in Schedule "B", attached hereto. Such property and any other property subsequently transferred to the Trustee is are referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trusteetrustee, in TrustIN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GrantorGrantor as Provider of Financial Assurance, any payments necessary to discharge any liabilities liability of the Grantor established by the Department.