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~ ~ ~~ cottctnsiroe evidence of such good faith and best judgment; nor shall the Liquidating Trustee be liable in any event, except of his own gross negligence or willful misconduct: 5.4 No Liability for Acts of Predecessor. No successor Liquidating Trustee shall be in any way responsible for the acts or omissions of any Liquidating Ttvstee in office prior to the date on which such Person r i becomes a thg Liquidating Trustee, nor shall he be obligated to inquire into the validity or propriety of any such act or omission unless such successor Liquidating Trustee expressly assumes such responsibility. Any successor Liquidating Trustee shall be entitled to accept as conclusive any final accounting and statemen[ of Liquidating Trust Assets furnished to such successor Liquidating Trustee by such predecessor Liquidating Trustee and shall further be responsible only for those Liquidating Ttvst Assets included in such statement. 5.5 No Implied Obligations. The Liquidating Trustee shall not be liable except for the performance of such duties and obligations as are specifically provided in the Plan or in this Trust Agreemem, and no other or further covenants or obligations shall be implied into this Trust Agreement. The Liquidating Trustee shall not be responsible in any manner whatsoever for the correctness of any recital, statement, representation, or warranty herein, or in any documents or instrument evidencing or otherwise constituting a pan of the Liquidating Trust Assets. 5.6 Resignation or Removal. The Liquidating Trustee may resign at any time by giving at least thirty (30) days' written notice to the members of the Oversight Committee successor Trustee is effective. If the Oversight Committee at any time desires to terminate the appointment of the Liquidating Tnustee, the Oversight Comtittee may do so by written instrument addressed to the Liquidating Trustee. In case of the resignation, removal or death of the Liquidating Trustee, a successor shall thereupon be appointed by the Oversight Committee pursuant to and in accordance with the provisions of the Plan. 5.7 Compensation. The Liquidating Trustee shall be compensated for services in the . administration of the Liquidating Trust in an amount and upon any reasonable terms agreed upon between The Liquidating Trustee and the Oversight Cottunittee, without the approval of the Coun. The compensation of the Liquidating Ttvstee shall be equitably allocated by the Liquidating Trustee, in consultation with the Oversight Committee, to the Ttvst Funds. ARTICLE VI. TERMIIVATION The Liquidating Trust shall terminate at such time as the Assets have been sold or distributed and claims pursued or abandoned pursuant to and ~n accordance with the Plan and this Trusr Aereement, but in any event, no la[er than five (5) years from the date first written above, provided, that if warrartted by the facts and circumstances, and subject to the approval by the Court upon a finding that the extension is necessary to the liquidating purpose of the Liquidating Trust, the [etm may be extended for a finite term based on the particular facts and DN 95776.1 17680 00707 (Comparison o: Documen[f DNSJ9 Sy.2 [o DN5J951.11 6/25/97 9:55 am Y