account. Distributions or splits distributed on all other common units held by you and registered in your own name will be mailed directly to you. In a rights offering, your entitlement will be
based upon your total holdings, including those credited to your account under the Plan. Rights applicable to common units credited to your account under the Plan will be sold by the Administrator and the proceeds will be credited to your account
under the Plan and applied to the purchase of common units on the next investment date.
If you want to exercise, transfer or sell any
portion of the rights applicable to the common units credited to your account under the Plan, you must request, at least one business day prior to the record date for the issuance of any such rights, that a portion of the common units credited to
your account be transferred from your account and registered in your name.
Responsibilities Under the Plan
We, the Administrator and any agent will not be liable in administering the Plan for any act done in good faith, or for any omission to act in
good faith, including, without limitation, any claim of liability arising out of failure to terminate a participants account upon that participants death prior to the receipt of notice in writing of such death. Since we have delegated
all responsibility for administering the Plan to the Administrator, we specifically disclaim any responsibility for any of its actions or inactions in connection with the administration of the Plan.
Neither we nor the Administrator, which is acting solely as an agent in connection with the Plan, will have any duties or responsibilities in
connection with the Plan other than those expressly set forth in the Plan or as imposed by applicable laws, and no implied duties, fiduciary or otherwise, shall be read into this Plan.
The Administrator is authorized to choose a broker at its sole discretion to facilitate purchases and sales of common units for you. The
Administrator will furnish the name of the registered broker/dealer utilized in unit transactions within a reasonable time upon written request from you.
In the absence of negligence or willful misconduct on its part, the Administrator, whether acting directly or through agents or attorneys
shall not be liable for any action taken, suffered, or omitted or for any error of judgment made by it in the performance of its duties hereunder. In no event shall the Administrator be liable for special, indirect or consequential loss or damage of
any kind whatsoever (including but not limited to lost profit), even if the Administrator has been advised of the likelihood of such loss or damage and regardless of the form of action.
The Administrator shall: (i) not be required to and shall make no representations and have no responsibilities as to the validity,
accuracy, value or genuineness of any signatures or endorsements, other than its own; and (ii) not be obligated to take any legal action hereunder that might, in its judgment, involve any expense or liability, unless it has been furnished with
reasonable indemnity.
The Administrator shall not be responsible or liable for any failure or delay in the performance of its obligations
under this Plan arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; epidemics;
riots; interruptions, loss or malfunctions of utilities; computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or governmental actions; it being understood that the Administrator
shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as administratively possible under the circumstances.
You should recognize that neither we, the Administrator, nor any agent can assure you of a profit or protect you against an economic loss on
common units purchased under the Plan.
9