ENCUMBER OR
CHARGE THE SAME SHALL BE VOID.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1
NO GUARANTEE OF EMPLOYMENT.
NOTHING CONTAINED HEREIN SHALL BE
CONSTRUED AS A CONTRACT OF EMPLOYMENT OR DEEMED TO GIVE ANY PARTICIPANT THE
RIGHT TO BE RETAINED IN THE EMPLOY OF THE COMPANY.
6.2
GOVERNING LAW.
THE PROVISIONS OF THIS PLAN SHALL BE CONSTRUED
ACCORDING TO THE LAWS OF THE STATE OF ILLINOIS TO THE EXTENT SUCH LAWS ARE NOT
PREEMPTED BY ERISA.
IN ANY QUESTION OF INTERPRETATION OR OTHER MATTER OF DOUBT,
THE COMPANY AND THE ADMINISTRATOR MAY RELY UPON THE OPINION OF LEGAL COUNSEL.
6.3
RELIANCE ON DOCUMENTS, INSTRUMENTS, ETC.
THE ADMINISTRATOR MAY
RELY ON ANY CERTIFICATE, STATEMENT OR OTHER REPRESENTATION MADE ON BEHALF OF THE
COMPANY, A PARTICIPANT OR A SURVIVING SPOUSE, WHICH IT IN GOOD FAITH BELIEVES TO
BE GENUINE, AND ON ANY CERTIFICATE, STATEMENT, REPORT OR OTHER REPRESENTATION
MADE TO IT BY ANY AGENT OR ANY ATTORNEY, ACCOUNTANT OR OTHER EXPERT RETAINED BY
IT OR THE COMPANY IN CONNECTION WITH THE OPERATION AND ADMINISTRATION OF THE
PLAN.
7
6.4
INFORMATION REQUESTS.
EACH PARTICIPANT, SURVIVING SPOUSE AND
COMPANY SHALL FURNISH TO THE ADMINISTRATOR SUCH DOCUMENTS, EVIDENCE, DATA, AND
OTHER INFORMATION, AS THE ADMINISTRATOR CONSIDERS NECESSARY OR DESIRABLE FOR
ADMINISTERING THE PLAN.
RETIREMENT BENEFITS UNDER THE PLAN ARE CONDITIONED ON
AN PARTICIPANT'S PROMPTLY FURNISHING FULL, TRUE AND COMPLETE DOCUMENTS,
EVIDENCE, DATA, AND OTHER INFORMATION REQUESTED BY THE ADMINISTRATOR OR COMPANY
IN CONNECTION WITH THE PLAN'S ADMINISTRATION.
6.5
MISTAKE OF FACT.
ANY MISTAKE OF FACT OR MISSTATEMENT OF FACT
SHALL BE CORRECTED WHEN IT BECOMES KNOWN AND PROPER ADJUSTMENT MADE BY REASON
THEREOF.
WITHOUT LIMITING THE PRIOR SENTENCE, THE ADMINISTRATOR IS EXPRESSLY
AUTHORIZED TO TAKE REASONABLE STEPS TO RECOVER MISTAKEN OVERPAYMENTS FROM THE
PLAN.
6.6
SEVERABILITY.
IF ANY PROVISION OF THE PLAN IS HELD INVALID OR
UNENFORCEABLE, ITS INVALIDITY OR UNENFORCEABILITY WILL NOT AFFECT ANY OTHER
PROVISIONS OF THE PLAN AND WILL BE CONSTRUED AND ENFORCED AS IF SUCH PROVISION
HAD NOT BEEN INCLUDED HEREIN.
6.7
PLAN BIFURCATION.
IF, AT ANY TIME, IT IS DETERMINED BY A COURT OF
LAW OR GOVERNMENT AGENCY THAT THE PLAN IS NOT A PLAN THAT IS MAINTAINED
PRIMARILY FOR THE PURPOSE OF PROVIDING DEFERRED COMPENSATION FOR A SELECT GROUP
OF MANAGEMENT OR HIGHLY COMPENSATED EMPLOYEES WITHIN THE MEANING OF SECTIONS
201(2), 301(A)(3) AND 401(A)(1) OF TITLE I OF ERISA DUE TO THE PARTICIPATION OF
ONE OR MORE PARTICIPANTS, THE PLAN SHALL BE BIFURCATED INTO TWO SEPARATE AND
DISTINCT PLANS:
ONE MAINTAINED FOR THE BENEFIT OF PARTICIPANTS WHO ARE A SELECT
GROUP OF MANAGEMENT OR HIGHLY COMPENSATED EMPLOYEES; THE OTHER MAINTAINED FOR
THE BENEFIT OF THE REMAINING PARTICIPANTS.
6.8
NON-TRANSFERABILITY OF BENEFITS.
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, NO BENEFIT UNDER THE PLAN SHALL BE ASSIGNABLE OR SUBJECT IN ANY MANNER
TO ALIENATION, SALE, TRANSFER, CLAIMS OR CREDITORS, PLEDGE, ATTACHMENT OR
ENCUMBRANCES OF ANY KIND.
6.9
SECTION 409A COMPLIANCE.
NOTWITHSTANDING ANY PROVISION OF THE
PLAN TO THE CONTRARY, THE PLAN IS INTENDED TO COMPLY WITH SECTION 409A AND SHALL