OF BENEFITS UNDER THE PLAN, ANY AND ALL OF AN EMPLOYER'S ASSETS, SHALL
BE, AND REMAIN, THE GENERAL, UNPLEDGED UNRESTRICTED ASSETS OF THE EMPLOYER.
AN
EMPLOYER'S OBLIGATION UNDER THE PLAN SHALL BE MERELY THAT OF AN UNFUNDED AND
UNSECURED PROMISE TO PAY MONEY IN THE FUTURE.
12.05.
OTHER BENEFITS AND AGREEMENTS.
THE BENEFITS PROVIDED FOR A
PARTICIPANT UNDER THE PLAN ARE IN ADDITION TO ANY OTHER BENEFITS AVAILABLE TO
SUCH PARTICIPANT UNDER ANY OTHER PLAN OR PROGRAM FOR EMPLOYEES OF AN EMPLOYER.
THE PLAN SHALL SUPPLEMENT AND SHALL NOT SUPERSEDE, MODIFY OR AMEND ANY OTHER
SUCH PLAN OR PROGRAM EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED.
12.06.
LIABILITY FOR PAYMENT.
AN EMPLOYER'S LIABILITY FOR THE PAYMENT OF
BENEFITS SHALL BE DEFINED ONLY BY THE PLAN AND THE ANNUAL ENROLLMENT FORMS, AS
ENTERED INTO BETWEEN AN EMPLOYER AND A PARTICIPANT.
AN EMPLOYER SHALL HAVE NO
OBLIGATION TO A PARTICIPANT UNDER THE PLAN EXCEPT AS EXPRESSLY PROVIDED IN THE
PLAN AND HIS OR HER ANNUAL ENROLLMENT FORMS.
12.07.
NONASSIGNABILITY.
NEITHER A PARTICIPANT NOR ANY OTHER PERSON SHALL
HAVE ANY RIGHT TO COMMUTE, SELL, ASSIGN, TRANSFER, PLEDGE, ANTICIPATE, MORTGAGE
OR OTHERWISE ENCUMBER, TRANSFER, HYPOTHECATE, ALIENATE OR CONVEY IN ADVANCE OF
ACTUAL RECEIPT, THE AMOUNTS, IF ANY, PAYABLE HEREUNDER, OR ANY PART THEREOF,
WHICH ARE, AND ALL RIGHTS TO WHICH ARE EXPRESSLY DECLARED TO BE, UNASSIGNABLE
AND NON-TRANSFERABLE.
NO PART OF THE AMOUNTS PAYABLE SHALL, PRIOR TO ACTUAL
PAYMENT, BE SUBJECT TO SEIZURE, ATTACHMENT, GARNISHMENT OR SEQUESTRATION FOR THE
PAYMENT OF ANY DEBTS, JUDGMENTS, ALIMONY OR SEPARATE MAINTENANCE OWED BY A
PARTICIPANT OR ANY OTHER PERSON, BE TRANSFERABLE BY OPERATION OF LAW IN THE
EVENT OF A PARTICIPANT'S OR ANY OTHER PERSON'S BANKRUPTCY OR INSOLVENCY OR BE
TRANSFERABLE TO A SPOUSE AS A RESULT OF A PROPERTY SETTLEMENT OR OTHERWISE.
25
12.08.
NOT A CONTRACT OF EMPLOYMENT.
THE TERMS AND CONDITIONS OF THE PLAN
AND THE ANNUAL ELECTION FORM UNDER THE PLAN SHALL NOT BE DEEMED TO CONSTITUTE A
CONTRACT OF EMPLOYMENT BETWEEN AN EMPLOYER AND THE PARTICIPANT.
SUCH EMPLOYMENT
IS HEREBY ACKNOWLEDGED TO BE AN "AT WILL" EMPLOYMENT RELATIONSHIP THAT CAN BE
TERMINATED AT ANY TIME FOR ANY REASON, OR NO REASON, WITH OR WITHOUT CAUSE, AND
WITH OR WITHOUT NOTICE, EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN EMPLOYMENT
AGREEMENT.
NOTHING IN THE PLAN OR ANY ANNUAL ELECTION FORM SHALL BE DEEMED TO
GIVE A PARTICIPANT THE RIGHT TO BE RETAINED IN THE SERVICE OF AN EMPLOYER AS AN
EMPLOYEE OR TO INTERFERE WITH THE RIGHT OF AN EMPLOYER TO DISCIPLINE OR
DISCHARGE THE PARTICIPANT AT ANY TIME.
12.09.
FURNISHING INFORMATION.
A PARTICIPANT WILL COOPERATE WITH THE
COMMITTEE BY FURNISHING ANY AND ALL INFORMATION REQUESTED BY THE COMMITTEE AND
TAKE SUCH OTHER ACTIONS AS MAY BE REQUESTED IN ORDER TO FACILITATE THE
ADMINISTRATION OF THE PLAN AND THE PAYMENTS OF BENEFITS HEREUNDER, INCLUDING BUT
NOT LIMITED TO TAKING SUCH PHYSICAL EXAMINATIONS AS THE COMMITTEE MAY DEEM
NECESSARY.
12.10.
TERMS.
WHENEVER ANY WORDS ARE USED HEREIN IN THE MASCULINE, THEY
SHALL BE CONSTRUED