Dell 2007 Annual Report Download - page 177

investment management authority. An Investment Manager must be one (1) of the following:
(a) an Investment Advisor registered under the Investment Advisors Act of 1940;
(b) a bank, as defined in the Investment Advisors Act of 1940; or
(c) an insurance company qualified to manage, acquire, or dispose of Plan assets under the laws of more than one (1) state.
Any Investment Manager shall acknowledge in writing to the party making the appointment and to the Trustee that it is a fiduciary respecting the
Plan. During any period when the Investment Manager is appointed and serving, and regarding those assets in the Plan over which the Investment
Manager exercises investment management authority, the Trustee's responsibility shall be limited to holding assets as a custodian, providing
accounting services, disbursing benefits as authorized, and executing investment instructions only as directed by the Investment Manager. Any
certificates or other instrument duly signed by the Investment Manager (or the authorized representative of the Investment Manager), purporting to
evidence any instruction, direction or order of the Investment Manager regarding the investment of those assets of the Plan over which the
Investment Manager has investment management authority, shall be accepted by the Trustee as conclusive proof thereof. The Trustee also shall be
fully protected in acting in good faith on any notice, instruction, direction, order, certificate, opinion, letter, telegram or other document believed by
the Trustee to be genuine and to be from the Investment Manager (or the authorized representative of the Investment Manager). The Trustee shall
not be liable for any action taken or omitted by the Investment Manager or for any mistakes of judgment or other action made, taken or omitted by
the Trustee in good faith on direction of the Investment Manager.
11.9. Annual Accounting
As soon as administratively feasible after the Accounting Date of each Plan Year, but within the time prescribed by ERISA and the applicable Labor
regulations and at least annually, the Committee shall advise each Participant, Former Participant and Beneficiary for whom Individual Accounts are
held under this Plan of the then balance in the Participant's Individual Accounts and the other information ERISA requires to be furnished. No
Participant except a member of the Committee shall have the right to inspect the records reflecting the Individual Accounts of any other Participant.
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