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01/18/94
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01/18/94
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Meetings
Meeting Document Type
Agenda
Document Title
Finance Committee
Document Date
01/18/1994
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14.3 Reliance by Third Parties. Any certificate executed byan individual who, according <br />to the records of the 4M Fund, or of any official or public body or office in which this <br />Declaration of Trust may be recorded, appears to be a Trustee hereunder or the Secretary or the <br />Treasurer of the 4M Fund, certifying to: (i) the number or identity of Trustees or Participants; (ii) <br />the due authorization of the execution of any instrument or writing; (iii) the form of any vote <br />passed at a meeting of Trustees or Participants or taken pursuant to a vote of Participants; (iv) <br />the fact that the number of Trustees or Participants present at any meeting or executing any <br />written instrument satisfies the requirements of this Declaration of Trust; (v) the form of any By~ <br />Law adopted by or the identity of any officers elected by the Trustees; or (vi) the existence of any <br />fact or facts which in any manner relate to the affairs of the aM Fund, shall be conclusive <br />evidence as to the matters so certified in favor of any Person dealing with the Trustees or any of <br />them or the 4M Fund and the successors of such Person. <br /> <br /> 14.4 Provisions in Conflict with Law. The provisions of this Declaration of Trust are <br />severable, and if the Trustees shall determine, with the advice of counsel, that any one of more of <br />such provisions (the "Conflicting Provisions") are in conflict with applicable federal or Minnesota <br />Laws, the Conflicting Provisions shall be deemed never to have constituted a part of this <br />Declaration of Trust; provided, however, that such determination by the Trustees shall not affect or <br />impair any of the remaining provisions of this Declaration of Trust or render invalid or improper <br />any action taken or omitted (including, but not limited to, the election of Trustees) prior to such <br />determination. <br /> <br />14.5 Gender: Section Headines. <br /> <br /> (a) Words of the masculine gender shall mean and include correlative words of the <br />feminine and neuter genders and words importing the singular number shall mean and include the <br />plural number and vice versa. <br /> <br /> (b) Any headings preceding the texts of the several Articles and Sections of this <br />Declaration of Trust and any table of contents or marginal notes appended to copies hereof, shall <br />be solely for convenience of references and shall neither constitute a part of this Declaration of <br />Trust nor affect its meaning, construction or effect. <br /> <br /> 14.6 Adoption by Municipalities Electin~ to Become Additional Participants: Resignation of <br />Participants. <br /> <br /> (a) Any Municipality meeting the requirements of Section 1.2 hereof, may become <br />an additional Participant of this 4M Fund by (i) taking any appropriate official action to adopt this <br />Declaration of Trust, (ii) furnishing the Trustees with satisfactory evidence that such official action <br />has been taken, and (iii) if requested by the Trustees, providing the Trustees with an opinion of <br />counsel to the effect that such party desiring to become a Participant of the 4M Fund is a <br />Municipality as defined herein. A copy of this Declaration of Trust may be adopted by executing a <br />written instrument of adoption in such form as may be prescribed by the Trustees. Delivering an <br />acknowledged copy of such instrument shall constitute satisfactory evidence of the adoption <br />contemplated by this Section 14.6. <br /> <br /> (b) Any Participant may resign and withdraw from the 4M Fund by sending a <br />written notice to such effect to the Chairman of the 4M Fund and the Administrator and by <br />requesting the withdrawal of all funds then credited to its account within the 4M Fund. The <br />written notice shall be in the form of a certified resolution of the Municipality Board or Council of <br />the Participant, stating the Municipality Board or Council's intention to resign from the 4M Fund. <br /> <br />32 <br /> <br />4,z <br /> <br /> <br />
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