THEN, UNLESS AND UNTIL
CLAIM THEREFOR SHALL HAVE BEEN MADE BY A DULY APPOINTED GUARDIAN OR OTHER LEGAL
REPRESENTATIVE OF SUCH PERSON, THE ADMINISTRATOR MAY PROVIDE FOR SUCH PAYMENT OR
ANY PART THEREOF TO BE MADE TO ANY OTHER PERSON OR INSTITUTION THEN CONTRIBUTING
TOWARD OR PROVIDING FOR THE CARE AND MAINTENANCE OF SUCH PERSON.
ANY SUCH
PAYMENT SHALL BE A PAYMENT FOR THE ACCOUNT OF SUCH PERSON AND A COMPLETE
DISCHARGE OF ANY LIABILITY OF THE ADMINISTRATOR AND THE PLAN THEREFOR.
THE
ADMINISTRATOR MAY REQUIRE PROOF OF INCOMPETENCE, INCAPACITY, GUARDIANSHIP OR
LEGAL REPRESENTATION AS IT MAY DEEM APPROPRIATE PRIOR TO THE DISTRIBUTION OF ANY
BENEFIT.
8.7.
CORPORATE SUCCESSORS.
THE PROVISIONS OF THIS
PLAN SHALL BE BINDING UPON THE COMPANY AND ITS SUCCESSORS AND ASSIGNS.
THE PLAN
SHALL NOT BE AUTOMATICALLY TERMINATED BY A TRANSFER OR SALE OF ASSETS OF THE
COMPANY, OR BY THE MERGER OR CONSOLIDATION OF THE COMPANY INTO OR WITH ANY OTHER
CORPORATION OR OTHER ENTITY, BUT THE PLAN SHALL BE CONTINUED AFTER SUCH SALE,
MERGER OR CONSOLIDATION ONLY IF AND TO THE EXTENT THAT THE TRANSFEREE, PURCHASER
OR SUCCESSOR ENTITY AGREES TO CONTINUE THE PLAN.
IN THE EVENT THAT THE PLAN IS
NOT CONTINUED BY THE TRANSFEREE, PURCHASER OR SUCCESSOR ENTITY, THE PLAN SHALL
TERMINATE SUBJECT TO THE PROVISIONS OF SECTION 7.2.
8.8.
UNCLAIMED BENEFIT.
EACH PARTICIPANT OR
BENEFICIARY SHALL KEEP THE COMPANY INFORMED OF HIS OR HER CURRENT ADDRESS.
THE
ADMINISTRATOR SHALL NOT BE OBLIGATED TO SEARCH FOR THE WHEREABOUTS OF ANY
PERSON.
IF THE LOCATION OF A PARTICIPANT IS NOT MADE KNOWN TO THE ADMINISTRATOR
WITHIN THREE YEARS AFTER THE DATE ON WHICH PAYMENT OF THE PARTICIPANT'S BENEFITS
UNDER THE PLAN MAY FIRST BE MADE, PAYMENT MAY BE MADE AS THOUGH THE PARTICIPANT
HAD DIED AT THE END OF THE THREE-YEAR PERIOD.
IF, WITHIN ONE ADDITIONAL YEAR
AFTER SUCH THREE-YEAR PERIOD HAS ELAPSED, OR, WITHIN THREE YEARS AFTER THE
ACTUAL DEATH OF A PARTICIPANT, THE ADMINISTRATOR IS UNABLE TO LOCATE ANY
BENEFICIARY OF THE PARTICIPANT, THEN THE ADMINISTRATOR SHALL HAVE NO FURTHER
OBLIGATION TO PAY ANY BENEFIT HEREUNDER TO SUCH PARTICIPANT OR BENEFICIARY OR
ANY OTHER PERSON AND SUCH BENEFIT SHALL BE IRREVOCABLY FORFEITED.
8.9.
LIMITATIONS ON LIABILITY.
NOTWITHSTANDING ANY
OF THE PRECEDING PROVISIONS OF THE PLAN, NONE OF THE COMPANY, NOR ANYONE SERVING
AS THE ADMINISTRATOR NOR ANY OFFICER, DIRECTOR OR INDIVIDUAL ACTING AS AN
EMPLOYEE OR AGENT OF THE COMPANY, SHALL BE LIABLE TO ANY PARTICIPANT,
6
former Participant or any beneficiary or other person for any claim, loss,
liability or expense incurred in connection with the Plan, other than the
payment of benefits hereunder.
8.10.
CLAIMS PROCEDURE.
IN THE EVENT THAT A
PARTICIPANT'S CLAIM FOR BENEFITS UNDER THE PLAN IS DENIED IN WHOLE OR IN PART BY
THE ADMINISTRATOR, THE ADMINISTRATOR WILL NOTIFY THE PARTICIPANT (OR
BENEFICIARY) OF THE DENIAL.
SUCH NOTIFICATION WILL BE MADE IN WRITING, WITHIN
90 DAYS OF THE DATE THE CLAIM IS RECEIVED BY THE ADMINISTRATOR.
THE
NOTIFICATION WILL INCLUDE: (I) THE SPECIFIC REASONS FOR