Notwithstanding any other provision hereof, this trust agreement is established and entered into on the condition precedent that the plan and trust contemplated hereby shall be approved and ruled to be qualified under the Internal Revenue Code and regulations issued thereunder with respect to employee benefit trusts. It is expressly agreed that in the event the plan and trust, as contemplated hereby, are not so approved and ruled to be qualified by the Internal Revenue Service, all contributions of the utilities or participants to the trust made prior to the initial determination by the Internal Revenue Service shall be returned to the utilities or participants as may reflect their respective interests.
(Ord. CO-01-17, passed 8-27-01)