ANY
SUCH GRANTEE ANY RIGHTS THAT ARE GREATER THAN THOSE OF A GENERAL CREDITOR OF THE
COMPANY; PROVIDED, HOWEVER, THAT THE COMMITTEE MAY AUTHORIZE THE CREATION OF
TRUSTS OR MAKE OTHER ARRANGEMENTS TO MEET THE COMPANY'S OBLIGATIONS UNDER THE
PLAN TO DELIVER CASH, SHARES OR OTHER PROPERTY PURSUANT TO ANY AWARD WHICH
TRUSTS OR OTHER ARRANGEMENTS SHALL BE CONSISTENT WITH THE "UNFUNDED" STATUS OF
THE PLAN UNLESS THE COMMITTEE OTHERWISE DETERMINES.
18.11
NO RIGHT TO CONTINUED EMPLOYMENT OR AWARDS.
NO
EMPLOYEE SHALL HAVE THE RIGHT TO BE SELECTED TO RECEIVE AN AWARD UNDER THIS PLAN
OR, HAVING BEEN SO SELECTED, TO BE SELECTED TO RECEIVE A FUTURE AWARD.
NEITHER
RECEIPT OF AN AWARD HEREUNDER, NOR ELIGIBILITY FOR AN AWARD SHALL INTERFERE WITH
OR LIMIT IN ANY WAY THE RIGHT OF THE COMPANY, AN AFFILIATE OR A JOINT VENTURE TO
TERMINATE ANY INDIVIDUAL'S EMPLOYMENT OR AFFILIATION AT ANY TIME, NOR CONFER ON
ANY GRANTEE THE RIGHT TO CONTINUE IN THE EMPLOY OF, OR AS A CONSULTANT TO, THE
COMPANY, ANY AFFILIATE OR ANY JOINT VENTURE.
18.12
MILITARY SERVICE.
AWARDS SHALL BE ADMINISTERED IN
ACCORDANCE WITH SECTION 414(U) OF THE CODE AND THE UNIFORMED SERVICES EMPLOYMENT
AND REEMPLOYMENT RIGHTS ACT OF 1994.
18.13
CONSTRUCTION.
THE FOLLOWING
RULES OF CONSTRUCTION WILL APPLY TO THE PLAN: (A) THE WORD "OR" IS DISJUNCTIVE
BUT NOT NECESSARILY EXCLUSIVE, (B) WORDS IN THE SINGULAR INCLUDE THE PLURAL,
WORDS IN THE PLURAL INCLUDE THE SINGULAR, AND WORDS IN THE NEUTER GENDER INCLUDE
THE MASCULINE AND FEMININE GENDERS AND WORDS IN THE MASCULINE OR FEMININE GENDER
INCLUDE THE OTHER NEUTER GENDERS, (C) THE TERMS "HEREOF," "HEREIN," AND
"HEREWITH" AND WORDS OF SIMILAR IMPORT
36
SHALL, UNLESS OTHERWISE STATED, BE CONSTRUED TO REFER TO THIS PLAN AND NOT TO
ANY PARTICULAR PROVISION OF THIS PLAN, AND REFERENCES TO SECTIONS ARE REFERENCES
TO THE SECTIONS OF THIS PLAN UNLESS OTHERWISE SPECIFIED; (D) THE WORD
"INCLUDING" AND WORDS OF SIMILAR IMPORT WHEN USED IN THIS PLAN SHALL MEAN
"INCLUDING, WITHOUT LIMITATION," UNLESS OTHERWISE SPECIFIED; AND (E) ANY
REFERENCE TO ANY U.S.
FEDERAL, STATE, OR LOCAL STATUTE OR LAW SHALL BE DEEMED
TO ALSO REFER TO ALL AMENDMENTS OR SUCCESSOR PROVISIONS THERETO, AS WELL AS ALL
RULES AND REGULATIONS PROMULGATED UNDER SUCH STATUTE OR LAW, UNLESS THE CONTEXT
OTHERWISE REQUIRES.
THE HEADINGS OF SECTIONS AND SUBSECTIONS ARE INCLUDED
SOLELY FOR CONVENIENCE OF REFERENCE, AND IF THERE IS ANY CONFLICT BETWEEN SUCH
HEADINGS AND THE TEXT OF THIS PLAN, THE TEXT SHALL CONTROL.
18.14
OBLIGATIONS.
UNLESS OTHERWISE SPECIFIED IN THE AWARD
AGREEMENT, THE OBLIGATION TO DELIVER, PAY OR TRANSFER ANY AMOUNT OF MONEY OR
OTHER PROPERTY PURSUANT TO AWARDS UNDER THIS PLAN SHALL BE THE SOLE OBLIGATION
OF A GRANTEE'S EMPLOYER; PROVIDED THAT THE OBLIGATION TO DELIVER OR TRANSFER ANY
SHARES PURSUANT TO AWARDS UNDER THIS PLAN SHALL BE THE SOLE OBLIGATION OF THE
COMPANY.
18.15
STOCKHOLDER APPROVAL.
ALL AWARDS GRANTED ON OR AFTER
THE EFFECTIVE DATE AND PRIOR TO THE DATE THE COMPANY'S STOCKHOLDERS APPROVE THE
AMENDED AND RESTATED PLAN ARE EXPRESSLY