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ARTICLE XII <br /> Recording of Declaration of Trust • <br /> 12.01 Recording. This Declaration of Trust and any amendment hereto shall be filed, <br /> recorded or lodged as a document of public record in such place or places and with such official <br /> or officials as may be required by Law or as the Trustees may deem desirable. Each <br /> amendments so filed, recorded or lodged shall be accompanied by a certificate signed and <br /> acknowledged by a Trustee stating that such action was duly taken in the manner provided for <br /> herein; and unless such amendment or such certificate set forth some earlier or later time for the <br /> effectiveness of such amendment, such amendment shall be effective upon its filing. An <br /> amended Declaration of Trust, containing or restating the original Declaration and all <br /> amendments theretofore made, may be executed any time or from time to time by a majority of <br /> the Trustees and shall, upon filing, recording or lodging in the manner contemplated hereby, be <br /> conclusive evidence of all amendments contained therein and may thereafter be referred to in <br /> lieu of the original Declaration of Trust and the various amendments thereto. Notwithstanding <br /> the foregoing provisions of this Section 12.01, no filing or recordation pursuant to the terms of <br /> this Section 12.01 shall be a condition precedent to the effectiveness of this Declaration of Trust <br /> or any amendment hereto. <br /> ARTICLE XIII <br /> Amendment or Termination of 4M Fund: Duration of Fund <br /> 13.01 Amendment or Termination. • <br /> (a) The provisions of this Declaration of Trust may be amended or altered (expect <br /> as to the limitations on personal liability of the Participants and Trustees and the prohibition of <br /> assessments upon Participants), or the 4M Fund may be terminated, at any meeting of the <br /> Participants or pursuant to any vote of the Participants called for that purpose, by the affirmative <br /> vote of a majority of the Participants entitled to vote, or if permitted applicable Law, by an <br /> instrument or instruments in writing, without a meeting, signed by a majority of the Trustees <br /> and a majority of the Participant; provided, however, that the Trustees may, from time to time <br /> by a two-thirds vote of the Trustees, and after fifteen (15) days' prior written notice to the <br /> Participants, amend or alter the provisions of this Declaration of Trust, without the vote or <br /> assent of the Participants, to the extent deemed by the Trustees in good faith to be necessary to <br /> conform this Declaration to the requirements of applicable Laws or regulations or any <br /> interpretation thereof by a court or other governmental agency or competent jurisdiction, but the <br /> Trustees shall not be liable for failing to do so. Notwithstanding the foregoing, (i) no <br /> amendment may be made pursuant to this Section 13.01 which would change any rights with <br /> respect to any allocated Shares of the 4M Fund by reducing the amount payable thereon upon <br /> liquidation of the 4M Fund or which would diminish or eliminate any voting rights of the <br /> Participants, except with the vote or written consent of two-thirds of the Participants entitled to <br /> vote thereon; and (ii) no amendment may be made which would cause any of the investment <br /> restrictions contained in Section 4.02 hereof to be less restrictive without the affirmative vote <br /> of a majority of the Participants entitled to vote thereon. <br /> 32 <br />