TO BE INCAPABLE OF PERSONALLY RECEIVING
AND GIVING A VALID RECEIPT FOR SUCH PAYMENT, THEN, UNLESS AND UNTIL A CLAIM FOR
SUCH PAYMENT SHALL HAVE BEEN MADE BY A DULY APPOINTED GUARDIAN OR OTHER LEGAL
REPRESENTATIVE OF SUCH PERSON, THE EMPLOYER 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 OF THE DEFERRAL ACCOUNT OF SUCH PERSON AND A COMPLETE
DISCHARGE OF ANY LIABILITY OF THE EMPLOYER AND THE PLAN WITH RESPECT TO THE
PAYMENT.
7.7
TAXES.
THE EMPLOYER OR OTHER PAYOR MAY WITHHOLD FROM A BENEFIT
PAYMENT UNDER THE PLAN OR A PARTICIPANT'S WAGES ANY FEDERAL, STATE, OR LOCAL
TAXES REQUIRED BY LAW TO BE WITHHELD WITH RESPECT TO A PAYMENT OR ACCRUAL UNDER
THE PLAN, AND SHALL REPORT SUCH PAYMENTS AND OTHER PLAN-RELATED INFORMATION TO
THE APPROPRIATE GOVERNMENTAL AGENCIES AS REQUIRED UNDER APPLICABLE LAWS.
7.8
CORPORATE SUCCESSORS.
THE PLAN AND THE OBLIGATIONS OF THE EMPLOYER
UNDER THE PLAN SHALL BECOME THE RESPONSIBILITY OF ANY SUCCESSOR TO THE EMPLOYER
BY REASON OF A TRANSFER OR SALE OF SUBSTANTIALLY ALL OF THE ASSETS OF THE
EMPLOYER OR BY THE MERGER OR CONSOLIDATION OF THE EMPLOYER INTO OR WITH ANY
OTHER CORPORATION OR OTHER ENTITY.
7.9
UNCLAIMED BENEFITS.
EACH PARTICIPANT SHALL KEEP THE EMPLOYER
INFORMED OF HIS CURRENT ADDRESS AND THE CURRENT ADDRESS OF HIS DESIGNATED
BENEFICIARY.
THE EMPLOYER SHALL NOT BE OBLIGATED TO SEARCH FOR THE WHEREABOUTS
OF ANY PERSON IF THE LOCATION OF A PERSON IS NOT MADE KNOWN TO THE EMPLOYER.
7.10
SEVERABILITY.
IN THE EVENT ANY PROVISION OF THE PLAN SHALL BE HELD
TO BE INVALID OR ILLEGAL FOR ANY REASON, ANY ILLEGALITY OR INVALIDITY SHALL NOT
AFFECT THE REMAINING PARTS OF THE PLAN, BUT THE PLAN SHALL BE CONSTRUED AND
ENFORCED AS IF THE ILLEGAL OR INVALID PROVISION HAD NEVER BEEN INSERTED.
10
7.11
INTEGRATION.
THIS PLAN SUPERSEDES ALL PREVIOUS AGREEMENTS BETWEEN
ELIGIBLE EMPLOYEES AND THE EMPLOYER AND CONTAINS THE ENTIRE UNDERSTANDING AND
AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO ITS SUBJECT MATTER.
THIS
AGREEMENT CANNOT BE AMENDED, MODIFIED OR SUPPLEMENTED IN ANY RESPECT EXCEPT BY A
SUBSEQUENT WRITTEN AGREEMENT ENTERED INTO BY THE PARTIES PURSUANT TO SECTION 6.1
OF THE PLAN.
7.12
WORDS AND HEADINGS.
WORDS IN THE MASCULINE GENDER SHALL INCLUDE THE
FEMININE AND THE SINGULAR SHALL INCLUDE THE PLURAL, AND VICE VERSA, UNLESS
QUALIFIED BY THE CONTEXT.
ANY HEADINGS USED HEREIN ARE INCLUDED FOR EASE OF
REFERENCE ONLY, AND ARE NOT TO BE CONSTRUED SO AS TO ALTER THE TERMS HEREOF.
7.13
DOMESTIC RELATIONS ORDERS.
NOTWITHSTANDING SECTION 7.4, ALL OR A
PORTION OF A PARTICIPANT'S DEFERRAL ACCOUNT MAY BE PAID TO ANOTHER PERSON AS
SPECIFIED IN A DOMESTIC RELATIONS ORDER THAT THE EMPLOYER DETERMINES IS
QUALIFIED (A "QUALIFIED DOMESTIC RELATIONS ORDER").
FOR THIS PURPOSE, A
QUALIFIED DOMESTIC RELATIONS ORDER MEANS A JUDGMENT, DECREE, OR ORDER (INCLUDING
THE APPROVAL OF A SETTLEMENT AGREEMENT) WHICH