IS UNABLE TO CARE FOR HIS OR HER AFFAIRS BECAUSE OF ILLNESS OR
ACCIDENT, THEN BENEFITS PAYABLE HEREUNDER, UNLESS CLAIM HAS BEEN MADE THEREFOR
BY A DULY APPOINTED GUARDIAN, COMMITTEE, OR OTHER LEGAL REPRESENTATIVE, MAY BE
PAID IN SUCH MANNER AS THE COMMITTEE SHALL DETERMINE, AND THE APPLICATION
THEREOF SHALL BE A COMPLETE DISCHARGE OF ALL LIABILITY FOR ANY PAYMENTS OR
BENEFITS TO WHICH SUCH PARTICIPANT WAS OR WOULD HAVE BEEN OTHERWISE ENTITLED
UNDER THE PLAN.
7.10
PAYMENTS TO A MINOR.
ANY PAYMENTS TO A MINOR FROM THE PLAN MAY BE
PAID BY THE COMMITTEE IN ITS SOLE AND ABSOLUTE DISCRETION (A) DIRECTLY TO SUCH
MINOR; (B) TO THE LEGAL OR NATURAL GUARDIAN OF SUCH MINOR; OR (C) TO ANY OTHER
PERSON, WHETHER OR NOT APPOINTED GUARDIAN OF THE MINOR, WHO SHALL HAVE THE CARE
AND CUSTODY OF SUCH MINOR.
THE RECEIPT BY SUCH INDIVIDUAL SHALL BE A COMPLETE
DISCHARGE OF ALL LIABILITY UNDER THE PLAN THEREFOR.
7.11
AT WILL EMPLOYMENT.
THE PLAN IS NOT AN AGREEMENT OF EMPLOYMENT AND
IT SHALL NOT CONFER ANY ADDITIONAL EMPLOYMENT RIGHTS ON THE ELIGIBLE EMPLOYEES.
EMPLOYMENT WITH THE EMPLOYER IS AT WILL AND THE EMPLOYER MAY TERMINATE THE
EMPLOYMENT OF ANY ELIGIBLE EMPLOYEE AT ANY TIME FOR ANY REASON OR FOR NO REASON,
WITH OR WITHOUT CAUSE OR ADVANCE NOTICE.
THE EMPLOYER ALSO MAINTAINS THE RIGHT
TO CHANGE THE TERMS AND CONDITIONS OF AN ELIGIBLE EMPLOYEE'S EMPLOYMENT,
13
INCLUDING, WITHOUT LIMITATION, DEMOTION, DISCIPLINE, PROMOTION, COMPENSATION,
BENEFITS, DUTIES, AND LOCATION OF PERFORMANCE, AT ANY TIME WITH OR WITHOUT CAUSE
AND/OR WITHOUT NOTICE.
7.12
ASSIGNMENT AND ALIENATION.
THE BENEFITS PAYABLE TO A PARTICIPANT
UNDER THE PLAN SHALL NOT BE SUBJECT TO ALIENATION, TRANSFER, ASSIGNMENT,
GARNISHMENT, EXECUTION OR LEVY OF ANY KIND, THAT IS DUE TO THE ACTIONS OR
OMISSIONS OF THE PARTICIPANT AND ANY ATTEMPT TO CAUSE ANY BENEFITS TO BE SO
SUBJECTED SHALL NOT BE RECOGNIZED.
7.13
NON-EXCLUSIVITY.
THE ADOPTION OF THE PLAN BY THE COMPANY SHALL NOT
BE CONSTRUED AS CREATING ANY LIMITATIONS ON THE POWER OF THE COMPANY TO ADOPT
SUCH OTHER SUPPLEMENTAL RETIREMENT INCOME ARRANGEMENTS AS IT DEEMS DESIRABLE,
AND SUCH ARRANGEMENTS MAY BE EITHER GENERALLY APPLICABLE OR LIMITED IN
APPLICATION.
7.14
CODE SECTION 409A.
(a)
Although the Employers makes no guarantee with respect to the tax
treatment of payments hereunder and shall not be responsible in any event with
regard to non-compliance with Code Section 409A, the Plan is intended to either
comply with, or be exempt from, the requirements of Code Section 409A.
To the
extent that the Plan is not exempt from the requirements of Code Section 409A,
the Plan is intended to comply with the requirements of Code Section 409A and
shall be limited, construed and interpreted in accordance with such intent.
In
no event whatsoever shall the Employers be liable for any additional tax,
interest or penalty that may be imposed on an Eligible Employee or a Participant
by Code Section 409A or any damages for failing to comply with Code
Section 409A.
(b)
A