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• ~ ~~ e^^.~ivr evidence of such good faith and best judgment; nor shall the Liquidating Ttustee 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 Tnistee shall be in any way responsible for the acts or omissions of any Liquidating Trustee in office: prior to the date on which such Person ~ becomes a ~ 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 statement of Liquidating Trust Assets furnished to such successor Liquidating Trustee by such predecessor Liquidating Trustee and shall further be responsible only for those Liquidating Trust 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 Ttvst Agreement, and no other or further covenants or obligations shall be implied into this Ttvst Agreement. The Liquidating Trustee shall not be responsible in any manner whats~~ever for the correctness of any recital, statement, representation, or warranty herein, or th any tilocuments or instrument evidencing or otherwise constituting a part 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 provided that the Liauidatine Trustee shall continue to serve until the appoin ment of the successor Trustee is effective. If the Oversight Committee at any time desires to terminate the appointment of the Liquidating Trustee, the Oversight Committee 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 Oversigh~[ 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 tetras agreed upon between The Liquidating Trustee and the Oversight Committee, without the approval of the Court. The compensation of the Liquidating Trustee shall be equitably allocated by the Liquidating Trustee, in consultation with the Oversight Committee, to the Trust Funds. ARTICLE VI. TERMINATION The Liquidating Trust shall terminate at such time as the Assets have Keen sold or distributed and claims pursued or abandoned nurcnant to and in accordance with the Plan and this Trust Aereement, but in any event, no later than five (5) years from the date first written above, provided, that if warranted by the facts and circumstances, and subject to the approval by the Coun upon a finding that the extension is necessary to the liquidating purpose of the Liquidating Trust, the tetra may be extended for a finite term based on the particular facts and DN 957 Jfi.1 ]7680 00707 ICOmpari son o.° Documents DN5J451.2 [o DN57451.1) 6/25/97 9:55 am Y