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r <br />zed and existins under the laws of the State of Minnesota. The 4M Fund is not intended to be, <br />SW not be deemed to, be, and shall not be treated as, a general partnership, limited partnership, <br />joint venture, corporation, investment company, joint stock association or joint stock company. <br />The Participants shall be beneficiaries of the 4M Fund, and their relationship to the Trustees shall <br />be solely in their capacity as Participants and beneficiaries in accordance with the rights conferred <br />upon them hereunder. <br />(b) This Declaration of Trust is an agreement of indefinite term regarding the joint or <br />cooperative exercise of a power common to the partes thereto within the meaning of the Joint <br />Powers Act. <br />1.05 Def;itions. As used in this Declaration of Trust, the following terms shall have <br />the following meanings unless the context hereof otherwise requires; <br />`Administrator" shall mean any Person or Persons appointed, employed or contracted with <br />by the Trustees under the applicable provisions of Section 3.1 hereof. <br />'Administration Agreement' shall mean the agreement with the Administrator referred to <br />in Section 3.3 hereof as the same may be amended from time to time. <br />"Adviser' shall mean any Person or Persons appointed, employed or contracted with by <br />the Trustees under the applicable provisions of Section 3.1 hereof. <br />"Affiliate" shall mean, with respect to any Person, another Person directly or indirectly <br />controlling, controlled by or under common control with such Person, or any officer, director, <br />partner or employee of such Person. <br />Board of Trustees" or 'Trustees" shall mean the Board of Directors of the League of <br />Minnesota Cities. <br />N <br />"Custodian` shall mean any Person or Persons appointed, employed or contracted with by <br />the Administrator under the applicable provisions of Section 11.2 hereof. <br />'Custodian Agreement" shall mean the agreement with the Custodian referred to in <br />Section 11.1 hereof as the same may be amended from time to time. <br />'Declaration of Trust" shall mean this Declaration of Trust as amended, restated or <br />modified from time to time. References in this Declaration of Trust to Tftlaratioe, "hereof", <br />%ereie, "hereby' and %ereundee shall be deemed to refer to the Declaration of Trust and shall <br />not be limited to the particular text, article or section in which such words appear. <br />"Employee of a Municipality" or 'Municipal Employee" shall ocean a director of finance, a <br />finance official or other managerial employee of a Municipality charged with responsibility for <br />municipal finance. <br />04M Fond" shall mean the common law trust created by this Declaration of Trust. <br />"4M Fund Property" WWI mean, as of any particular time, any and all property, real, <br />personal or otherwise, tangible or intangible, which is transferred, conveyed or paid to the 4M <br />Fund or the Trustees and all income, profits and gains therefrom and which, at such time, is owned <br />or held by, or for the account of, the 4M Fund or the Trustees. <br />8 <br />