ENTITY, INCLUDING CLAIMS FOR ALIMONY, SUPPORT, SEPARATE MAINTENANCE
AND CLAIMS IN BANKRUPTCY PROCEEDINGS, OTHER THAN BY WILL OR THE LAWS OF DESCENT.
10.4
INCAPACITY OF RECIPIENT.
IF ANY PERSON ENTITLED TO A
DISTRIBUTION UNDER THE PLAN IS DEEMED BY THE COMPANY TO BE INCAPABLE OF
PERSONALLY RECEIVING OR GIVING A VALID RECEIPT FOR SUCH PAYMENT, THEN, UNLESS
AND UNTIL CLAIM THEREFORE SHALL HAVE BEEN MADE BY A DULY APPOINTED GUARDIAN OR
OTHER LEGAL REPRESENTATIVE OF SUCH PERSON, THE COMPANY MAY PROVIDE FOR SUCH
PAYMENT OR ANY PART THEREOF TO BE MADE TO ANY OTHER PERSON OR INSTITUTION THEN
CONTRIBUTING TOWARD OR PROVIDING FOR THE CARE AND MAINTENANCE OF SUCH PERSON.
ANY SUCH PAYMENT SHALL BE A PAYMENT OF THE ACCOUNT OF SUCH PERSON AND A COMPLETE
DISCHARGE OF ANY LIABILITY OF THE COMPANY AND THE PLAN THEREFORE.
10.5
CORPORATE SUCCESSORS.
THE PLAN SHALL NOT BE AUTOMATICALLY
TERMINATED BY A TRANSFER OR SALE OF ASSETS OF THE COMPANY OR BY THE MERGER OR
CONSOLIDATION OF THE COMPANY INTO OR WITH ANY OTHER CORPORATION OR OTHER ENTITY,
BUT THE PLAN SHALL BE CONTINUED AFTER SUCH SALE, MERGER OR CONSOLIDATED ONLY IF
AND TO THE EXTENT THAT THE TRANSFEREE, PURCHASER OR SUCCESSOR ENTITY AGREES TO
CONTINUE THE PLAN.
IN THE EVENT THAT THE PLAN IS NOT CONTINUED BY THE
TRANSFEREE, PURCHASER OR SUCCESSOR ENTITY, THEN THE PLAN SHALL TERMINATE AND THE
TERMINATION PROVISION OF SECTION 8.2 SHALL APPLY.
10.6
GOVERNING LAW.
THE PLAN SHALL BE CONSTRUED AND ADMINISTERED
UNDER THE LAWS OF THE STATE OF NEBRASKA TO THE EXTENT FEDERAL LAW IS NOT
APPLICABLE.
10.7
OFFSETS.
WHEN ANY PAYMENT BECOMES DUE HEREUNDER, THE
COMPANY, WITHOUT NOTICE, DEMAND, OR ANY OTHER ACTION, MAY WITHHOLD PAYMENT AND
USE THE FUNDS TO OFFSET ANY AMOUNTS OWED BY THE PARTICIPANT TO THE COMPANY OR
ANY OF ITS AFFILIATES.
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