D. AVAILABLE ASSETS FOR BENEFITS

Benefits provided by this Plan can be paid only to the extent that the Plan has available adequate resources for such payments. No Contributing Employer has any liability, directly or indirectly, to such payments. No Contributing Employer has any liability, directly or indirectly, to provide the benefits established hereunder beyond the obligation of the Contributing Employer to make contributions as required in an IBEW Local 6 Collective Bargaining Agreement.

In the event that at any time the Plan does not have sufficient assets to permit continued payments hereunder, nothing contained in this Plan shall be construed as obligating any Contributing Employer or any IBEW Local to make benefit payments or contributions in order to provide for the benefits established hereunder. Likewise, there shall be no liability upon the Board of Trustees, individually or collectively, or upon any Contributing Employer, the Union, signatory association or any other person or entity of any kind to provide the benefits established hereunder if the Plan does not have sufficient assets to make such benefit payments.