AS IF THE
PROGRAM HAD NOT BEEN AMENDED OR TERMINATED, UNLESS AGREED OTHERWISE IN A WRITING
SIGNED BY THE EFFECTED EMPLOYEE OR HIS REPRESENTATIVE.
10.
EFFECTIVE DATE AND TERM OF PROGRAM.
THE PROGRAM AS SET FORTH
HEREIN IS EFFECTIVE AS OF DECEMBER 31, 2005, AND SHALL CONTINUE IN FORCE AND
EFFECT UNTIL BOTH OF THE FOLLOWING EVENTS HAVE OCCURRED: (A) THE EFFECTIVE TIME
OF SETTLEMENT, AND (B) THE DISTRIBUTION
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OF THE BONUSES TO COMPANY EMPLOYEES PURSUANT TO THE TERMS OF THIS PROGRAM AND
THE RETENTION AWARD AGREEMENTS ENTERED INTO BY THE COMPANY UNDER THIS PROGRAM.
11.
GOVERNING LAW.
THE PROGRAM SHALL BE CONSTRUED AND INTERPRETED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (WITHOUT REGARD TO ANY CONFLICTS
OF LAW PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANY OTHER
JURISDICTION).
LITIGATION CONCERNING ANY DISPUTE OVER THE INTERPRETATION OR
ENFORCEMENT OF THIS PROGRAM WILL BE FILED AND RESOLVED IN A FEDERAL OR STATE
COURT IN TARRANT COUNTY, TEXAS.
12.
INTERPRETIVE MATTERS.
WHENEVER REQUIRED BY THE CONTEXT, PRONOUNS
AND ANY VARIATION THEREOF SHALL BE DEEMED TO REFER TO THE MASCULINE, FEMININE,
OR NEUTER, AND THE SINGULAR SHALL INCLUDE THE PLURAL, AND VISA VERSA.
THE TERM
"INCLUDE" OR "INCLUDING" DOES NOT DENOTE OR IMPLY ANY LIMITATION.
THE CAPTIONS
AND HEADINGS USED IN THE PROGRAM ARE INSERTED FOR CONVENIENCE AND SHALL NOT BE
DEEMED A PART OF THE PROGRAM FOR CONSTRUCTION OR INTERPRETATION.
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