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nullified in accordance with Paragraph 26.c of the Settlement,then Grantor may provide a <br /> written request to EPA that EPA provide direction to the Trustee, in accordance with Paragraph <br /> 15(a) of this Agreement to terminate the Trust and disburse any remaining Trust Property to the <br /> Grantor. If EPA does not provide that written direction within 20 days after receipt of Grantor's <br /> request, Grantor may invoke the dispute resolution procedures set forth in Section XV of the <br /> Settlement. <br /> (i) In the event that Grantor's obligation to EPA for Phase 2 Work does not <br /> become nullified in accordance with Paragraph 26.c of the Settlement, then Grantor may, <br /> following EPA's certification of all Phase 2 Work as complete in accordance with Paragraph 109 <br /> of the Settlement,provide a written request to EPA that EPA provide direction to the Trustee, in <br /> accordance with Paragraph 15(a) of this Agreement to terminate the Trust and disburse any <br /> remaining Trust Property to the Grantor. If EPA does not provide that written direction within 20 <br /> days after receipt of Grantor's request, Grantor may invoke the dispute resolution procedures set <br /> forth in Section XV of the Settlement. <br /> (j) While this Agreement is in effect, disbursements from the Fund are governed <br /> exclusively by the express terms of this Agreement. <br /> Section 5. Trustee Management. The Trustee shall invest and reinvest the principal and <br /> income of the Fund and keep the Fund invested as a single fund, without distinction between <br /> principal and income, in accordance with directions which the Grantor may communicate in <br /> writing to the Trustee from time to time, subject, however,to the provisions of this Section. In <br /> investing,reinvesting, exchanging, selling and managing the Fund, the Trustee shall discharge its <br /> duties with respect to the Trust solely in the interest of the Beneficiary and with the care, skill, <br /> prudence and diligence under the circumstances then prevailing which persons of prudence, <br /> acting in a like capacity and familiar with such matters,would use in the conduct of an enterprise <br /> of a like character and with like aims; except that: <br /> (a) securities, notes and other obligations of any person or entity shall not be <br /> acquired or held by the Trustee with monies comprising the Fund,unless they are securities, <br /> notes, or other obligations of the United States federal government or any United States state <br /> government or as otherwise permitted in writing by the EPA; <br /> (b)the Trustee is authorized to invest the Fund in time or demand deposits of the <br /> Trustee,to the extent such deposits are insured by an agency of the United States federal or any <br /> United States state government; and <br /> (c)the Trustee is authorized to hold cash awaiting investment or distribution <br /> uninvested for a reasonable time and without liability for the payment of interest thereon. <br /> Section 6. Commingling and Investment. The Trustee is expressly authorized in its <br /> discretion to transfer from time to time any or all of the assets of the Fund to any common, <br /> commingled or collective trust fund created by the Trustee in which the Fund is eligible to <br /> participate, subject to all of the provisions hereof and thereof, to be commingled with the assets <br /> of other trusts participating therein. <br /> 6 <br />