AND CONDITIONS AS SET FORTH IN A SEPARATE AGREEMENT, UNDER WHICH ASSETS
ARE HELD, ADMINISTERED AND MANAGED, SUBJECT TO THE CLAIMS OF THE EMPLOYER'S
CREDITORS IN THE EVENT OF THE EMPLOYER'S INSOLVENCY, UNTIL PAID TO PARTICIPANTS
AND THEIR BENEFICIARIES AS SPECIFIED IN THE PLAN.
THE TRUST IS INTENDED TO BE
TREATED AS A GRANTOR TRUST UNDER THE CODE, AND THE ESTABLISHMENT OF THE TRUST IS
NOT INTENDED TO CAUSE PARTICIPANTS TO REALIZE CURRENT INCOME ON AMOUNTS
CONTRIBUTED THERETO.
ARTICLE XI
MISCELLANEOUS
11.1
LIMITATION OF RIGHTS.
NEITHER THE ESTABLISHMENT
OF THE PLAN AND THE TRUST, NOR ANY AMENDMENT THEREOF, NOR THE CREATION OF ANY
FUND OR ACCOUNT, NOR THE PAYMENT OF ANY BENEFITS, WILL BE CONSTRUED AS GIVING TO
ANY PARTICIPANT OR OTHER PERSON ANY LEGAL OR EQUITABLE RIGHT AGAINST THE
EMPLOYER, ADMINISTRATOR OR TRUSTEE, EXCEPT AS PROVIDED HEREIN; AND IN NO EVENT
WILL THE TERMS OF EMPLOYMENT OR SERVICE OF ANY PARTICIPANT BE MODIFIED OR IN ANY
WAY AFFECTED HEREBY
11.2
NONTRANSFERABILITY; DOMESTIC RELATIONS ORDERS.
THE RIGHT OF ANY PARTICIPANT, ANY BENEFICIARY, OR ANY OTHER PERSON TO THE
PAYMENT OF ANY BENEFITS UNDER THIS PLAN SHALL NOT BE ASSIGNED, TRANSFERRED,
PLEDGED OR ENCUMBERED; PROVIDED, HOWEVER, THAT A DEFERRAL ACCOUNT HEREUNDER MAY
BE TRANSFERRED TO A PARTICIPANT'S FORMER SPOUSE PURSUANT TO A DOMESTIC RELATIONS
ORDER.
11.3
FACILITY OF PAYMENT.
IN THE EVENT THE
ADMINISTRATOR DETERMINES, ON THE BASIS OF MEDICAL REPORTS OR OTHER EVIDENCE
SATISFACTORY TO THE ADMINISTRATOR, THAT THE RECIPIENT OF ANY BENEFIT PAYMENTS
UNDER THE PLAN IS INCAPABLE OF HANDLING HIS AFFAIRS BY REASON OF MINORITY,
ILLNESS, INFIRMITY OR OTHER INCAPACITY, THE ADMINISTRATOR MAY DIRECT THE TRUSTEE
TO DISBURSE SUCH PAYMENTS TO A PERSON OR INSTITUTION DESIGNATED BY A COURT WHICH
HAS JURISDICTION OVER SUCH RECIPIENT OR A PERSON OR INSTITUTION OTHERWISE HAVING
THE LEGAL AUTHORITY UNDER STATE LAW FOR THE CARE AND CONTROL OF SUCH RECIPIENT.
THE RECEIPT BY SUCH PERSON OR INSTITUTION OF ANY SUCH PAYMENTS THEREFORE, AND
ANY SUCH PAYMENT TO THE EXTENT THEREOF, SHALL DISCHARGE THE LIABILITY OF THE
TRUST FOR THE PAYMENT OF BENEFITS HEREUNDER TO SUCH RECIPIENT.
11.4
INFORMATION BETWEEN EMPLOYER AND TRUSTEE.
THE
EMPLOYER AGREES TO FURNISH THE TRUSTEE, AND THE TRUSTEE AGREES TO FURNISH THE
EMPLOYER WITH SUCH INFORMATION RELATING TO THE PLAN AND TRUST AS MAY BE REQUIRED
BY THE OTHER IN ORDER TO CARRY OUT THEIR RESPECTIVE DUTIES HEREUNDER, INCLUDING
WITHOUT LIMITATION INFORMATION REQUIRED UNDER THE CODE OR ERISA AND ANY
REGULATIONS ISSUED OR FORMS ADOPTED THEREUNDER.
11.5
NOTICES.
ANY NOTICE OR OTHER COMMUNICATION IN
CONNECTION WITH THIS PLAN SHALL BE DEEMED DELIVERED IN WRITING IF ADDRESSED AS
PROVIDED BELOW AND IF EITHER ACTUALLY DELIVERED AT SAID
16
ADDRESS OR, IN THE CASE OF A LETTER, THREE BUSINESS DAYS SHALL HAVE ELAPSED
AFTER THE SAME SHALL HAVE BEEN DEPOSITED IN THE UNITED STATES MAILS, FIRST-CLASS
POSTAGE PREPAID AND REGISTERED OR CERTIFIED:
(A)
IF IT IS SENT TO THE EMPLOYER OR
ADMINISTRATOR, IT WILL BE AT THE ADDRESS SPECIFIED BY THE EMPLOYER;
(B)
IF IT IS SENT TO THE