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State of California - California Environmental Protection Agency Department of Toxic Substances Control Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee , but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign , transfer and pay over to the successor trustee the funds and properties then constituting the Fund . If, for any reason , the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions . The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, Beneficiary, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9 . Section 14. instructions to the Trustee. All orders , requests and instructions by the Grantor to the Trustee shall be in writing , signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders , requests and instructions . All orders , requests and instructions by the Beneficiary to the Trustee shall be in writing , signed by the Beneficiary designees , and the Trustee shall act and shall be fully protected in acting in accordance with such orders , requests and instructions . The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Beneficiary hereunder has occurred . The Trustee shall have no duty to act in the absence of such orders , requests and instructions from the Grantor and/or Beneficiary, except as provided for herein . Section 15. Notice of Nonpayment. The Trustee shall notify the Grantor and the Beneficiary, by certified mail within 10 days following the expiration for the 30 -day period after the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that period . After the pay-in period is completed , the Trustee shall not be required to send a notice of nonpayment. Section 16. Amendment of Agreement. This agreement may be amended by an instrument in writing executed by the Grantor, the Trustee and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist . Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 16 , this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee , and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses , shall be delivereflo the Grantor. Section 18, immunity and Indemnification. The Trustee shall not incur personal liability of any nature in connection with any act or omission , made in good faith , in the administration of this Trust , or in carrying out any directions by the Grantor or the Beneficiary issued in accordance with this Agreement . The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund , or both , from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably Incurred in its defense in the event the Grantor fails to provide such defense . Section 19. Choice of Law. This Agreement shall be administered , construed and enforced according to the laws of the State of California . Section 20. Interpretation . As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement. DTSC 1154 (10/01/2010) Page 4 of 8