Plan shall be
construed as if such invalid, illegal, or unenforceable term, condition, or
provision had never been contained herein, and each term, condition, or
provision hereof shall be valid and enforced to the fullest extent permitted by
law.
17.6 Headings.
Headings of articles, sections and paragraphs of the Plan have been inserted for
convenience of reference and constitute no part of the Plan.
17.7 Tax Consequences.
The Plan is intended to postpone the application of income taxes on amounts
credited to the Plan Accounts. However, notwithstanding anything to the
contrary, the Employer makes no representation regarding the tax consequences of
participation in this Plan. Amounts contributed to or paid from the Plan may be
subject to income, payroll or other taxes and the Employer may withhold taxes
from any payment, as required under federal, state and local laws.
17.8 Entire Plan.
This Plan contains the entire understanding and undertaking of the Plan Sponsor
and its Affiliates with respect to the subject matter hereof, and supersedes any
and all prior and contemporaneous undertakings, agreements, understandings,
inducements or conditions, whether express or implied, oral or written, except
as herein contained. This Plan may not be modified or amended other than by a
written document adopted or executed pursuant to the terms hereof.
- 14 -
17.9 Plan Binding on All Parties.
This Plan shall be binding upon the parties hereto, their successors and
assigns, and upon all Participants and their Beneficiaries, heirs, executors,
administrators and assigns.
17.10 Effective Date.
It is the intention of the Employer that the Plan shall comply with any
requirements of Title I of ERISA applicable to the Plan, and the terms of the
Plan shall be interpreted and administered so as to accomplish that result. The
Plan shall be placed into effect as of July 1, 1995.
17.11 Compliance with Code Section 409A.
This Plan is intended to comply with the requirements of Code Section 409A and
regulations and other guidance thereunder. The Management Committee shall
interpret the Plan provisions in a manner consistent with the requirements of
Code Section 409A and regulations and other guidance thereunder.
- 15 -
Exhibit A
Cox Enterprises, Inc.
Atlanta Newspapers Division (Atlanta Journal/Constitution)
d/b/a Skirt Atlanta
Cox Newspapers, Inc.
Cox North Carolina Publications, Inc.
d/b/a Beaufort-Hyde News
d/b/a Bertie Ledger-Advance
d/b/a The Chowan Herald
d/b/a Duplin Times/Duplin Today
d/b/a The Enterprise
d/b/a The Farmville Enterprise
d/b/a Perquimans Weekly
d/b/a The Standard Laconic
d/b/a The Times Leader
d/b/a Tri-County Shopper
d/b/a The Weekly Herald
d/b/a Marshall News Messenger (Marshall, Texas)
d/b/a Saving Source Direct
CNCP, Inc.
Cox Texas Partners, Inc.
Cox Texas Newspapers, L.P.
d/b/a The Austin American-Statesman
d/b/a Austin Daily Record
d/b/a Longview News-Journal
d/b/a The Lufkin Daily News
d/b/a The Herald Publishing Company, Inc.
d/b/a The Daily Sentinel (Nacogdoches)
d/b/a Waco Tribune-Herald
d/b/a The Bastrop Advertiser
d/b/a The Smithville Times
d/b/a The Pflugerville Pflag
d/b/a Lake Travis View
d/b/a Westlake Picayune
d/b/a North Lake Travis Log
d/b/a Austin Community Newspapers
d/b/a ¡ahora si!
Cox CTP