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Letter of Understanding
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January 1, 2006 to December 31, 2008
The Company has agreed to advance 10 cents per hour per employee to the Union on account of administration fees for the Union Pension Plan (‘the funds’) at the Union's request and based on its representation that it is in the best interests of its members and the beneficiaries to the Plan to do so.
If the consent of the members or the plan beneficiaries is required for the advancement of the funds, the Union agrees to obtain any such consent.
The advancement of the funds in the manner requested by the Union is not to be construed as evidencing any intention on the part of the Company to participate, in any manner, with the administration of the Plan. For greater certainty, the parties specifically agree that by advancing the funds the Company is not agreeing to participate, in any manner, directly or indirectly in the administration of the Plan now or in the future.
The Union and the Company specifically agree that any liability for damages or loss sustained by any party as a consequence of the advancement of the funds referred to in 1-3 herein will be borne solely by the Union and the Union will take no steps to seek recompense (either on its own behalf or on behalf of any of its members or their successors or dependants) for any such damage or loss from the Company.
The Union agrees to indemnify the Company in the event of any claims (regardless of the form or manner in which those claims are made) by beneficiaries of the Plan, their successors or dependants or any other third parties against the Company in relation to the advancement of funds referred to herein or the administration of the Plan or any matter related thereto. This indemnity is specifically agreed to include any and all claims and any related fees, expenses or costs which the Company may incur.