TO ANY MATTER
HEREUNDER SHALL BE FINAL, CONCLUSIVE AND BINDING ON ALL PERSONS AFFECTED
THEREBY. NO MEMBER OF THE ADMINISTRATOR SHALL BE LIABLE FOR ANY DETERMINATION,
DECISION, OR ACTION MADE IN GOOD FAITH WITH RESPECT TO THE PLAN. THE COMPANY
WILL INDEMNIFY AND HOLD HARMLESS THE MEMBERS OF THE ADMINISTRATOR FROM AND
AGAINST ANY AND ALL LIABILITIES, COSTS, AND EXPENSES INCURRED BY SUCH PERSONS AS
A RESULT OF ANY ACT, OR OMISSION, IN CONNECTION WITH THE PERFORMANCE OF SUCH
PERSONS' DUTIES, RESPONSIBILITIES, AND OBLIGATIONS UNDER THE PLAN, OTHER THAN
SUCH LIABILITIES, COSTS, AND EXPENSES AS MAY RESULT FROM THE BAD FAITH, WILLFUL
MISCONDUCT, OR CRIMINAL ACTS OF SUCH PERSONS.
10.2
CLAIMS PROCEDURE. ANY PARTICIPANT, FORMER PARTICIPANT OR BENEFICIARY
MAY FILE A WRITTEN CLAIM WITH THE ADMINISTRATOR SETTING FORTH THE NATURE OF THE
BENEFIT CLAIMED, THE AMOUNT THEREOF, AND THE BASIS FOR CLAIMING ENTITLEMENT TO
SUCH BENEFIT. THE ADMINISTRATOR SHALL DETERMINE THE VALIDITY OF THE CLAIM AND
COMMUNICATE A DECISION TO THE CLAIMANT PROMPTLY. EVERY CLAIM FOR BENEFITS WHICH
IS DENIED SHALL BE DENIED BY WRITTEN NOTICE SETTING FORTH THE SPECIFIC REASON OR
REASONS FOR THE DENIAL, AN EXPLANATION OF THE PROCEDURE FOR FURTHER REVIEWING
THE DENIAL OF THE CLAIM.
ARTICLE 11
CONDITIONS RELATED TO BENEFITS
11.1
NONASSIGNABILITY.
THE PARTICIPANT'S ACCOUNT BALANCE AND THE BENEFITS
PROVIDED UNDER THE PLAN SHALL NOT BE SUBJECT TO SALE, ALIENATION, ASSIGNMENT,
TRANSFER, PLEDGE OR HYPOTHECATION BY THE PARTICIPANT OR ANY BENEFICIARY AND ANY
ATTEMPT TO SALE, ALIENATE, ASSIGN, TRANSFER, PLEDGE OR HYPOTHECATE AN ACCOUNT
BALANCE OR PLAN BENEFITS INCLUDING, WITHOUT LIMITATION, ANY ASSIGNMENT OR
ALIENATION IN CONNECTION WITH A SEPARATION, DIVORCE, CHILD SUPPORT OR SIMILAR
ARRANGEMENT, SHALL BE NULL AND VOID AND NOT BINDING UPON THE COMPANY OR THE
PLAN.
THE PARTICIPANT'S ACCOUNT BALANCE AND BENEFITS SHALL BE EXEMPT FROM THE
CLAIMS OF CREDITORS OR OTHER CLAIMANTS OF THE PARTICIPANT OR BENEFICIARY AND
FROM ALL ORDERS, DECREES, LEVIES, GARNISHMENT OR EXECUTIONS TO THE FULLEST
EXTENT ALLOWED BY LAW.
11.2
NO RIGHT TO COMPLY ASSETS.
THE BENEFITS PAID UNDER THE PLAN SHALL BE
PAID FROM THE GENERAL FUNDS OF THE COMPANY, AND THE PARTICIPANT AND ANY
BENEFICIARY SHALL BE NO MORE THAN UNSECURED GENERAL CREDITORS OF THE COMPANY
WITH NO SPECIAL OR PRIOR RIGHT TO ANY ASSETS OF THE COMPANY FOR PAYMENT OF ANY
OBLIGATIONS HEREUNDER.
AT ITS DISCRETION, THE COMPANY MAY ESTABLISH ONE OR MORE
GRANTOR TRUSTS FOR THE PURPOSE OF PROVIDING FOR PAYMENT OF BENEFITS UNDER THE
PLAN.
SUCH TRUST OR TRUSTS MAY BE IRREVOCABLE, BUT THE ASSETS THEREOF SHALL BE
SUBJECT TO THE CLAIMS OF THE COMPANY'S CREDITORS IN ACCORDANCE WITH THE TERMS OF
THE TRUSTS.
BENEFITS PAID TO THE PARTICIPANT FROM ANY SUCH TRUST OR TRUSTS
SHALL BE CONSIDERED PAID BY THE COMPANY FOR PURPOSES OF MEETING THE OBLIGATIONS
OF THE COMPANY UNDER THE PLAN.
11.3
PROTECTIVE PROVISIONS.
THE PARTICIPANT SHALL COOPERATE WITH THE
COMPANY BY FURNISHING ANY AND ALL INFORMATION REQUESTED BY THE ADMINISTRATOR, IN
ORDER TO FACILITATE THE PAYMENT OF BENEFITS HEREUNDER, TAKING SUCH PHYSICAL
EXAMINATIONS AS THE ADMINISTRATOR MAY