SUCH EXECUTIVES MAY ASSIGN OWNERSHIP OF SUCH CONTRACTS TO ANY
OTHER PERSON(S), TO THE EXTENT PERMITTED BY LAW.
SECTION 6.2
EMPLOYMENT RIGHTS.
EMPLOYMENT RIGHTS SHALL NOT BE
ENLARGED OR AFFECTED HEREBY.
THE EMPLOYERS SHALL CONTINUE TO HAVE THE RIGHT TO
DISCHARGE AN EXECUTIVE, WITH OR WITHOUT CAUSE.
SECTION 6.3
ADOPTION OF PLANS BY EMPLOYERS.
ANY MEMBER OF THE
CONTROLLED GROUP MAY BECOME AN EMPLOYER UNDER ANY OF THE PLANS WITH THE PRIOR
APPROVAL OF THE ADMINISTRATOR BY FURNISHING A CERTIFIED COPY OF A RESOLUTION OF
ITS BOARD OF DIRECTORS ADOPTING THE PLAN(S).
ANY ADOPTION OF A PLAN BY AN
EMPLOYER, HOWEVER, MUST EITHER BE AUTHORIZED BY THE BOARD OF DIRECTORS OF THE
COMPANY IN ADVANCE OR BE RATIFIED BY SUCH BOARD PRIOR TO THE END OF THE PLAN
YEAR IN WHICH THE EMPLOYER ADOPTED THE PLAN(S).
AN EMPLOYER THAT CEASES TO
EXIST OR CEASES TO BE A MEMBER OF THE CONTROLLED GROUP SHALL AUTOMATICALLY CEASE
BEING A PARTICIPATING EMPLOYER UNDER THE PLANS.
SECTION 6.4
EFFECT ON OTHER BENEFITS.
EXCEPT AS SPECIFICALLY
PROVIDED IN THE PLANS OR IN ANY OTHER EMPLOYER-SPONSORED PLAN, BENEFITS PAYABLE
TO OR WITH RESPECT TO AN EXECUTIVE UNDER THE PENSION PLAN OR ANY OTHER
EMPLOYER-SPONSORED (QUALIFIED OR NONQUALIFIED) PLAN, IF ANY, ARE IN ADDITION TO
THOSE PROVIDED UNDER THE PLANS.
8
SECTION 6.5
PAYMENT TO GUARDIAN.
IF THE ADMINISTRATOR (IN HIS SOLE
DISCRETION) DETERMINES THAT A BENEFIT PAYABLE UNDER A PLAN IS PAYABLE TO A
MINOR, TO A PERSON DECLARED INCOMPETENT OR TO A PERSON INCAPABLE OF HANDLING THE
DISPOSITION OF HIS PROPERTY, THE ADMINISTRATOR MAY (IN HIS OR HER SOLE
DISCRETION) DIRECT PAYMENT OF SUCH BENEFIT TO THE SPOUSE, PARENT, ADULT CHILD,
GUARDIAN, CUSTODIAN UNDER THE UNIFORM TRANSFERS TO MINORS ACT OF ANY STATE,
LEGAL REPRESENTATIVE OR PERSON OR INSTITUTION HAVING THE CARE AND CUSTODY OF
SUCH MINOR, INCOMPETENT OR PERSON.
THE ADMINISTRATOR MAY REQUIRE SUCH PROOF OF
INCOMPETENCY, MINORITY, INCAPACITY OR GUARDIANSHIP AS IT MAY DEEM APPROPRIATE
PRIOR TO DISTRIBUTION OF THE BENEFIT.
SUCH DISTRIBUTION SHALL COMPLETELY
DISCHARGE THE COMPANY AND THE EMPLOYERS FROM ALL LIABILITY WITH RESPECT TO SUCH
BENEFIT.
SECTION 6.6
NOTICE.
ANY NOTICE REQUIRED OR PERMITTED TO BE GIVEN TO
THE ADMINISTRATOR UNDER THE PLAN SHALL BE DEEMED SUFFICIENT IF IN WRITING AND
HAND DELIVERED, OR SENT BY REGISTERED OR CERTIFIED MAIL, TO THE GENERAL COUNSEL
OF THE COMPANY.
SUCH NOTICE SHALL BE DEEMED GIVEN AS OF THE DATE OF RECEIPT BY
THE GENERAL COUNSEL (IF DELIVERY IS MADE BY HAND) OR AS OF THE DATE SHOWN ON THE
POSTMARK ON THE RECEIPT FOR REGISTRATION OR CERTIFICATION (IF DELIVERY IS MADE
BY MAIL).
SECTION 6.7
OFFICERS.
ANY REFERENCE IN THE PLAN TO A PARTICULAR
OFFICER OF THE COMPANY SHALL ALSO REFER TO THE FUNCTIONAL EQUIVALENT OF SUCH
OFFICER IN THE EVENT THE TITLE OR RESPONSIBILITIES OF THAT OFFICE CHANGE.
SECTION 6.8
GOVERNING LAW.
THE PLANS SHALL BE REGULATED, CONSTRUED
AND ADMINISTERED UNDER THE LAWS OF THE STATE OF MINNESOTA, EXCEPT WHEN PREEMPTED
BY FEDERAL LAW.
SECTION 6.9
GENDER AND NUMBER.
FOR