IF A PARTICIPANT INCURS AN
UNFORESEEABLE EMERGENCY, THE PARTICIPANT MAY MAKE A WRITTEN REQUEST TO THE PLAN
ADMINISTRATOR FOR A WITHDRAWAL FROM HIS ACCOUNT.
IN THE EVENT OF A WITHDRAWAL
ON ACCOUNT OF AN UNFORESEEABLE EMERGENCY, THE PARTICIPANT'S DEFERRALS FOR THE
REMAINDER OF THE PLAN YEAR SHALL BE SUSPENDED.
DEFERRALS MAY COMMENCE WITH THE
NEXT FOLLOWING PLAN YEAR PROVIDED THE PARTICIPANT COMPLETES THE APPROPRIATE
PARTICIPATION AGREEMENT AND DEFERRAL ELECTION FORM PRIOR TO JANUARY 1 OF THE
CORRESPONDING PLAN YEAR.
ARTICLE IX
ESTABLISHMENT OF TRUST
9.1
ESTABLISHMENT OF TRUST.
THE CORPORATION MAY ESTABLISH A RABBI
TRUST ("TRUST") FOR THE PLAN.
IF ESTABLISHED, ALL BENEFITS PAYABLE UNDER THIS
PLAN TO A PARTICIPANT SHALL BE PAID DIRECTLY BY THE CORPORATION FROM THE TRUST.
TO THE EXTENT THAT SUCH BENEFITS ARE NOT PAID FROM THE TRUST, THE BENEFITS SHALL
BE PAID FROM THE GENERAL ASSETS OF THE CORPORATION AND SHALL BE REIMBURSED TO
THE CORPORATION BY THE TRUST AT THE CORPORATION'S REQUEST UPON PRESENTATION OF
REASONABLE PROOF THAT THE CORPORATION MADE SUCH PAYMENT.
ANY TRUST SHALL BE AN
IRREVOCABLE GRANTOR TRUST WHICH CONFORMS TO THE TERMS OF THE MODEL TRUST AS
DESCRIBED IN IRS REVENUE PROCEDURE 92-64, I.R.B. 1992-33.
THE ASSETS OF THE
TRUST ARE SUBJECT TO THE CLAIMS OF THE CORPORATION'S CREDITORS IN THE EVENT OF
ITS INSOLVENCY.
EXCEPT AS TO ANY AMOUNTS PAID OR PAYABLE TO A TRUST, THE
CORPORATION SHALL NOT BE OBLIGATED TO SET ASIDE, EARMARK OR ESCROW ANY FUNDS OR
OTHER ASSETS TO SATISFY ITS OBLIGATIONS UNDER THIS PLAN, AND THE PARTICIPANT
AND/OR HIS DESIGNATED BENEFICIARIES SHALL NOT HAVE ANY PROPERTY INTEREST IN ANY
SPECIFIC ASSETS OF THE CORPORATION OTHER THAN THE UNSECURED RIGHT TO RECEIVE
PAYMENTS FROM THE CORPORATION, AS PROVIDED IN THIS PLAN.
9.2
PAYMENT FROM THE TRUST.
IN THE EVENT A TRUST IS ESTABLISHED AND
PAYMENTS ARE NOT MADE BY THE CORPORATION IN ACCORDANCE WITH THE TERMS OF THE
PLAN, A PARTICIPANT MAY PETITION THE TRUSTEE OF THE TRUST DIRECTLY FOR PAYMENT
AND THE TRUSTEE MAY MAKE SUCH PAYMENT DIRECTLY TO THE PARTICIPANT UPON THE
TRUSTEE'S GOOD FAITH DETERMINATION THAT THE PAYMENT WAS IN FACT OWED, WAS NOT
TIMELY PAID BY THE CORPORATION AND THAT THERE ARE SUFFICIENT ASSETS IN THE TRUST
TO MAKE THE PAYMENT.
ARTICLE X
PLAN ADMINISTRATION
10.1
PLAN ADMINISTRATION.
THE PLAN SHALL BE ADMINISTERED BY THE
COMMITTEE, AND SUCH COMMITTEE MAY DESIGNATE AN AGENT TO PERFORM THE
RECORDKEEPING DUTIES AND DELEGATE TO THE PLAN ADMINISTRATOR ANY OF THE
COMMITTEE'S FUNCTIONS SPECIFIED IN THIS ARTICLE X.
THE COMMITTEE SHALL CONSTRUE
AND INTERPRET THE PLAN, INCLUDING DISPUTED AND DOUBTFUL TERMS AND PROVISIONS
AND, IN ITS SOLE DISCRETION, DECIDE ALL QUESTIONS OF ELIGIBILITY AND DETERMINE
THE AMOUNT, MANNER AND TIME OF PAYMENT OF BENEFITS UNDER THE PLAN.
THE
DETERMINATIONS AND INTERPRETATIONS OF THE COMMITTEE SHALL BE CONSISTENTLY AND
UNIFORMLY APPLIED TO ALL SIMILARLY SITUATED PARTICIPANTS AND BENEFICIARIES,
INCLUDING BUT NOT LIMITED TO INTERPRETATIONS AND DETERMINATIONS OF AMOUNTS DUE
10
UNDER THIS PLAN, AND SHALL BE FINAL AND BINDING ON ALL PARTIES.
THE PLAN AT