AND OTHER INFORMATION RELEVANT TO THE
PARTICIPANT'S CLAIM FOR BENEFITS;
(4)
A STATEMENT DESCRIBING ANY VOLUNTARY APPEAL
PROCEDURES OFFERED BY THE PLAN; AND
(5)
A STATEMENT OF THE PARTICIPANT'S RIGHT TO
BRING AN ACTION UNDER SECTION 502(A) OF ERISA.
6.7.
INUREMENT.
THIS PLAN WILL BE BINDING UPON AND INURE TO THE BENEFIT OF THE
COMPANY, EACH PARTICIPATING EMPLOYER, THEIR SUCCESSORS AND ASSIGNS, THE
PARTICIPANT, AND HIS OR HER HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES,
ADMINISTRATORS AND BENEFICIARIES.
6.8.
NOTICE.
ANY NOTICE, CONSENT, OR DEMAND REQUIRED OR PERMITTED TO BE GIVEN
UNDER THE PROVISIONS OF THIS PLAN WILL BE IN WRITING, AND WILL BE SIGNED BY THE
PARTY GIVING OR MAKING THE SAME.
IF SUCH NOTICE, CONSENT, OR DEMAND IS MAILED
TO A PARTY PURSUANT HERETO, IT WILL BE SENT BY UNITED STATES CERTIFIED MAIL,
POSTAGE PREPAID, ADDRESSED TO SUCH PARTY'S LAST KNOWN ADDRESS AS SHOWN IN THE
RECORDS OF THE COMPANY.
THE DATE OF SUCH MAILING WILL BE DEEMED THE DATE OF
NOTICE, CONSENT, OR DEMAND.
EITHER PARTY MAY CHANGE THE ADDRESS TO WHICH NOTICE
IS TO BE SENT BY GIVING NOTICE OF CHANGE OF ADDRESS IN THE MANNER AFORESAID.
6.9.
GOVERNING LAW.
THIS PLAN, AND THE RIGHTS OF THE PARTIES HEREUNDER, WILL
BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KANSAS,
WITHOUT REFERENCE TO THE PRINCIPLES OF CONFLICT OF LAWS.
6.10.
TAXATION.
THIS PLAN IS INTENDED TO PROVIDE TAX-DEFERRED BENEFITS UNDER
CERTAIN PROVISIONS OF THE CODE.
UPON ANY INTERNAL REVENUE SERVICE FINDING THAT
COMPENSATION INTENDED TO BE DEFERRED FOR FEDERAL INCOME TAX PURPOSES PURSUANT TO
THIS PLAN IS IMMEDIATELY TAXABLE TO A PARTICIPANT FOR SUCH PURPOSES, THE COMPANY
MAY, BUT SHALL NOT BE REQUIRED TO, AMEND THIS PLAN TO COMPLY WITH THE INTERNAL
REVENUE SERVICE REQUIREMENTS NECESSARY TO ACHIEVE THE DESIRED FEDERAL INCOME TAX
BENEFITS RELATING TO THIS PLAN.
NOTWITHSTANDING THE FOREGOING, EACH PARTICIPANT
AGREES TO BE LIABLE FOR ANY TAX THAT MAY BE IMPOSED BY THE INTERNAL REVENUE
SERVICE OR ANY OTHER TAXING ENTITY WITH RESPECT TO ANY BENEFITS PROVIDED
PURSUANT TO THIS PLAN (INCLUDING, WITHOUT LIMITATION, ANY AND ALL WITHHOLDING
TAXES), IRRESPECTIVE OF WHETHER SUCH TAX CONSEQUENCES WERE INTENDED PURSUANT TO
THIS PLAN.
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