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4.3 AmjnqJment of Restrictions. The restrictions set forth in Section 4.2 hereof are fundamental to the!operation and activities of the 4M Fund and may not be changed without the affirmative vote o~ a majority of the Participants entitled to vote, except that such restrictions may be changed by the Trustees so as to make them more restrictive when necessary to conform the investment program and activities of the 4M Fund to the Laws of the State of Minnesota and the United States off America as they may from time to time be amended. ARTICLE V Limitations of Liability 5.1 Liability to Third Persons. No Participant shall be subject to any personal liability whatsoever, in tort,~ contract or otherwise to any other Person or Persons in connection with 4M Fund Property or the affairs of the 4M Fund; and no Trustee, officer, employee or agent (including, without limitation, ':the Adviser, the Administrator and the Custodian) of the 4M Fund shall be subject to any personal liability whatsoever in tort, contract or otherwise, to any other Person or Persons in connection with 4M Fund Property or the affairs of the 4M Fund, except that each shall be personally liable if or his bad faith, willful misconduct, gross negligence or reckless disregard of his duties or for his failure to act in good faith in the reasonable belief that his action was in the best interests of the'.4M Fund and except that the Investment Advisory Agreement and the Admin- istration Agreement:shall provide for the personal liability of the Adviser or the Administrator, as the case may be, ;for its willful or negligent failure to take reasonable measures to restrict investments of 4M l~und Property to those permitted by Law and this Declaration of Trust. 5.2 Liability to the 4M Fund or to the Participants. No Trustee, officer, employee or agent (including, wii~"~.ut limitation, the Adviser, the Administrator and the Custodian) of the 4M Fund shall be liable~ to the 4M Fund or to any Participant, Trustee, officer, employee or agent (including, without ~imitation, the Adviser, the Administrator and the Custodian) of the 4M Fund for any action or failure to act (including, without limitation,' the failure to compel in any way any former or acting T~ustee to redress any breach of trust) except for his own bad faith, willful misfeasance, gross r~egligence or reckless disregard of his duties and except that the Investment Advisory Agreement:and the Administration Agreement shall provide for the personal liability of the Adviser or the Adrtlinistrator, as the case may be, for its willful or negligent failure to take reasonable measures ~.to restrict investments of 4M Fund Property to those permitted by Law and this Declaration of T, rust; provided, however, that the provisions of this Section 5..2 shall not limit the liability of any iagent (including, without limitation, the Adviser, the Administrator and the Custodian) of the 4M Fund with respect to breaches by it of a contract between it and the 4M Fund. 5.3 Indem~nification. (a) The 4M Fund shall indemnify and hold each Participant harmless from and against all claims aad liabilities, whether they proceed to judgment or are settled or otherwise brought to a conclusion, to which such Participant may become subject by reason of its being or having been a Partidipant, and shall reimburse such Participant for all legal and other expenses reasonably incurred bY it in connection with any such claim or liability. The rights accruing to a Participant under thi~ Section 5.3 shall not exclude any other right to which such Participant may be lawfully entitled, nor shall anything herein contained restrict the right of the 4M Fund to indemnify or reimburrse a Participant in any appropriate situation even though not specifically provided herein. 19