BE CONSTRUED,
ADMINISTERED AND GOVERNED IN ALL RESPECTS IN ACCORDANCE WITH THE LAWS OF THE
STATE OF ILLINOIS TO THE EXTENT THAT THE LATTER ARE NOT PREEMPTED BY ERISA OR
OTHER APPLICABLE FEDERAL LAW.
SECTION 7.7
PLURALS AND HEADINGS. WHEREVER USED HEREIN, WORDS IN THE
SINGULAR FORM SHALL BE CONSTRUED AS THOUGH THEY ALSO WERE USED IN THE PLURAL
FORM, AND WORDS IN THE PLURAL FORM SHALL BE CONSTRUED AS THOUGH THEY ALSO WERE
USED IN THE SINGULAR FORM, WHERE APPROPRIATE. HEADINGS OF SECTIONS AND
SUBSECTIONS OF THIS PLAN ARE INSERTED FOR CONVENIENCE OF REFERENCE ONLY AND ARE
NOT PART OF THIS PLAN AND ARE NOT TO BE CONSIDERED IN THE CONSTRUCTION THEREOF.
SECTION 7.8
PLAN NOT TO AFFECT EMPLOYMENT RELATIONSHIP. NEITHER THE
ADOPTION OF THIS PLAN NOR ITS OPERATION SHALL IN ANY WAY AFFECT THE RIGHT AND
POWER OF THE EMPLOYERS TO DISMISS OR OTHERWISE TERMINATE THE EMPLOYMENT OR
CHANGE THE TERMS OF THE EMPLOYMENT OR AMOUNT OF COMPENSATION OF ANY PARTICIPANT
AT ANY TIME FOR ANY REASON WITH OR WITHOUT CAUSE.
SECTION 7.9
INABILITY TO LOCATE PARTICIPANT OR DESIGNATED
BENEFICIARY. IF, AS OF THE LATEST PAYMENT DATE, THE PLAN ADMINISTRATOR IS UNABLE
TO MAKE PAYMENT OF ALL OR A PORTION OF A PARTICIPANT'S DEFERRED COMPENSATION
ACCOUNT TO SUCH PARTICIPANT OR HIS OR HER DESIGNATED BENEFICIARY BECAUSE THE
WHEREABOUTS OF SUCH PERSON CANNOT BE ASCERTAINED (NOTWITHSTANDING THE MAILING OF
NOTICE TO ANY LAST KNOWN ADDRESS OR ADDRESSES AND THE EXERCISE BY THE PLAN
ADMINISTRATOR OF OTHER REASONABLE DILIGENCE), THEN SUCH PARTICIPANT'S DEFERRED
COMPENSATION ACCOUNT, OR PORTION THEREOF, AS APPLICABLE, SHALL BE FORFEITED. FOR
THIS PURPOSE, THE "LATEST PAYMENT DATE" SHALL BE THE LATEST DATE ON WHICH A
PARTICIPANT'S DEFERRED COMPENSATION ACCOUNT, OR PORTION THEREOF, AS APPLICABLE,
MAY BE PAID TO THE PARTICIPANT OR THE DESIGNATED BENEFICIARY WITHOUT THE
IMPOSITION OF EXCISE TAXES AND OTHER PENALTIES UNDER SECTION 409A OF THE CODE.
SECTION 7.10
DISTRIBUTIONS TO MINORS AND INCAPACITATED INDIVIDUALS. IF
A PAYMENT HEREUNDER IS TO BE MADE TO A MINOR OR TO AN INDIVIDUAL WHO, IN THE
OPINION OF THE PLAN ADMINISTRATOR, IS UNABLE TO MANAGE HIS OR HER AFFAIRS BY
REASON OF ILLNESS, ACCIDENT OR MENTAL INCOMPETENCY, SUCH PAYMENT MAY BE MADE TO
OR FOR THE BENEFIT OF SUCH INDIVIDUAL IN SUCH OF THE FOLLOWING WAYS AS THE LEGAL
REPRESENTATIVE OF SUCH INDIVIDUAL SHALL DIRECT:
(I) DIRECTLY TO ANY SUCH MINOR
INDIVIDUAL, IF IN THE OPINION OF SUCH LEGAL REPRESENTATIVE, SUCH INDIVIDUAL IS
ABLE TO MANAGE HIS OR HER AFFAIRS, (II) TO SUCH LEGAL REPRESENTATIVE, (III) TO A
CUSTODIAN UNDER A UNIFORM GIFTS TO MINORS ACT FOR ANY SUCH MINOR INDIVIDUAL, OR
(IV) TO SOME NEAR RELATIVE OF ANY SUCH INDIVIDUAL TO BE USED FOR THE LATTER'S
BENEFIT. NEITHER THE PLAN ADMINISTRATOR NOR ANY EMPLOYER SHALL BE REQUIRED TO
SEE TO THE APPLICATION BY ANY THIRD PARTY OTHER THAN THE LEGAL REPRESENTATIVE OF
AN INDIVIDUAL OF ANY PAYMENT MADE TO OR FOR THE BENEFIT OF SUCH INDIVIDUAL
PURSUANT TO THIS SECTION. ANY PAYMENT SO MADE SHALL BE IN