OF THE COMPANY, [OR THE ] THE
ADMINISTRATION OF THE PLAN SHALL BE THE RESPONSIBILITY OF THE COMMITTEE.
9.2
IN ITS ROLE AS PLAN ADMINISTRATOR, THE COMMITTEE SHALL HAVE THE POWER
AND THE DUTY TO TAKE ALL ACTIONS AND TO MAKE ALL DECISIONS NECESSARY OR PROPER
TO CARRY OUT THE PLAN. THE DETERMINATION OF THE COMMITTEE AS TO ANY QUESTION
INVOLVING THE GENERAL ADMINISTRATION AND INTERPRETATION OF THE PLAN SHALL BE
FINAL, CONCLUSIVE AND BINDING. ANY DISCRETIONARY ACTIONS TO BE TAKEN UNDER THE
PLAN BY THE COMMITTEE SHALL BE UNIFORM IN THEIR NATURE AND APPLICABLE TO ALL
PERSONS SIMILARLY SITUATED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
THE COMMITTEE, IN ITS ROLE AS PLAN ADMINISTRATOR, SHALL HAVE THE FOLLOWING
POWERS AND DUTIES:
(A)
TO FURNISH TO ALL PARTICIPANTS, UPON REQUEST, COPIES OF THE PLAN; AND
TO REQUIRE ANY PERSON TO FURNISH SUCH INFORMATION AS IT MAY REQUEST FOR THE
PURPOSE OF THE PROPER ADMINISTRATION OF THE PLAN AS A CONDITION TO RECEIVING ANY
BENEFITS UNDER THE PLAN;
(B)
TO MAKE AND ENFORCE SUCH RULES AND REGULATIONS AND PRESCRIBE THE USE
OF SUCH FORMS AS IT SHALL DEEM NECESSARY FOR THE EFFICIENT ADMINISTRATION OF THE
PLAN;
(C)
TO INTERPRET THE PLAN, AND TO RESOLVE AMBIGUITIES, INCONSISTENCIES
AND OMISSIONS, WHICH FINDINGS SHALL BE BINDING, FINAL AND CONCLUSIVE;
(D)
TO DECIDE ON QUESTIONS CONCERNING THE PLAN IN ACCORDANCE WITH THE
PROVISIONS OF THE PLAN;
(E)
THE POWER TO DELEGATE ITS ROLE AS PLAN ADMINISTRATOR TO A PERSON WHO
MAY OR MAY NOT BE A MEMBER OF THE COMMITTEE FOR THE PURPOSE OF ERISA; IF THE
COMMITTEE DOES NOT SO DESIGNATE AN ADMINISTRATOR, THE COMMITTEE SHALL BE THE
PLAN ADMINISTRATOR;
(F)
TO ALLOCATE ANY SUCH POWERS AND DUTIES TO OR AMONG INDIVIDUAL MEMBERS
OF THE COMMITTEE; AND
(G)
TO DESIGNATE PERSONS OTHER THAN COMMITTEE MEMBERS TO CARRY OUT ANY
DUTY OR POWER WHICH WOULD OTHERWISE BE A RESPONSIBILITY OF THE COMMITTEE OR
ADMINISTRATOR, UNDER THE TERMS OF THE PLAN.
9.3
TO THE EXTENT PERMITTED BY LAW, THE COMMITTEE AND ANY PERSON TO WHOM
IT MAY DELEGATE ANY DUTY OR POWER IN CONNECTION WITH ADMINISTERING THE PLAN, THE
EMPLOYER, AND THE OFFICERS AND DIRECTORS THEREOF, SHALL BE ENTITLED TO RELY
CONCLUSIVELY UPON, AND SHALL BE FULLY PROTECTED IN ANY ACTION TAKEN OR SUFFERED
BY THEM IN GOOD FAITH IN THE RELIANCE UPON, ANY ACTUARY, COUNSEL , ACCOUNTANT,
OTHER SPECIALIST, OR OTHER PERSON SELECTED BY THE COMMITTEE, OR IN RELIANCE UPON
ANY TABLES, VALUATIONS, CERTIFICATES, OPINIONS OR REPORTS WHICH SHALL BE
FURNISHED BY ANY OF
24
--------------------------------------------------------------------------------
THEM. FURTHER, TO THE EXTENT PERMITTED BY LAW, NO MEMBER OF THE COMMITTEE, NOR
THE EMPLOYER, NOR THE OFFICERS OR DIRECTORS THEREOF, SHALL BE LIABLE FOR ANY
NEGLECT, OMISSION OR WRONGDOING OF ANY OTHER MEMBERS OF THE COMMITTEE, AGENT,
OFFICER OR EMPLOYEE OF AN EMPLOYER. ANY PERSON CLAIMING UNDER THE PLAN SHALL
LOOK SOLELY TO THE EMPLOYER FOR REDRESS.
9.4
ALL EXPENSES INCURRED PRIOR TO THE TERMINATION OF THE PLAN THAT SHALL
ARISE IN CONNECTION WITH THE ADMINISTRATION OF