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individual other than Mr. LaGiglia shall be <br />selected as Creditors', Trustee. In that event, <br />unless otherwise agreed between the Creditor <br />Representatives, the Creditors': Trustee's <br />compensation shall be charged either against the <br />distribution to Sanwa or the distribution to Class <br />9, depending upon whether the Creditor <br />Representative wishing an individual other than Mr. <br />LaGiglia was appointed by Sanwa or by the Official <br />Unsecured Creditors' Committee. <br />(vi) The Creditor Representatives shall be <br />entitled to reimbursement of actual and reasonable <br />expenses but otherwise shall serve without <br />compensation. <br />(vii) The Creditors' Trustee, with the approval of <br />the Creditors' Representatives, may engage legal, <br />accounting, or other services necessary to the <br />performance of the Creditors' Trustee's <br />administration of the Creditors' Trust. <br />(viii) The Creditors' Trustee shall report in <br />writing to the Creditors' Representatives quarterly <br />regarding the Creditors Trustee's activities, or <br />more often to the extent requested by either <br />Creditors' Representative. <br />(ix) In the event of resignation of the Cr <br />Trustee or a Creditors' Representative, a successor <br />shall be selected in the same manner as the peroon <br />et :::f orth abo e . <br />6.2.44 Exculpation. Neither the Creditors Trustee nor <br />either of the Creditors' Representatives shall be <br />personally liable to the Creditors' Trust, to the holder <br />of an Allowed Claim, or to the Debtor or its corporate <br />affiliates, arising out of any act or omission as <br />C reditors ` Trustee or Creditor Representative, except for <br />such °' acts ' or omissions as shall constitute willful <br />misfeasance, gross negligence, or willful disregard of <br />duties. Except for such acts or omissions, the Trustee <br />and the Creditors' Representatives shall, from time to <br />time, be entitled to be exonerated and indemnified em <br />time to time by the Creditors' Trust against any loss, <br />expense, or liability which they may suffer. Neither the <br />red ors Trustee nor the Creditors' Representatives <br />sha1Y required to give any bond or surety for the <br />-13- <br />