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• ~ eortclttsive 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 Trustee in office prior to the date on which such Petson or En~ti becomes a lhg 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 Tnut 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 corrtxtness of any recital, statement, representation, or warranty herein, or in any documents 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 Committeef nrovided that the Liauidatin¢ Trustee shall continue to serve until the appointment of th successor Trustee is effective. If the Oversight Cottunittee a[ any time desires ro terminate the appointment of the Liquidating Trustee, the Oversight Cotmnittee 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 Trrstee 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 been sold or distributed and claims pursued or abandoned pursuant to and in accordance with the Plan an this Trust Agreement, but in any even[, no la[er than five (5) years from the date first written above, provided, that if warran[ed 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 Ttvst, the term may be extended for a finite tenrt based on the particular facts and ~~ ON 95776.1 17680 00707 (COmpariaor. of Documents DNSJ/S,t.2 [o DNS]451. 11 6/25/97 9:55 em Y