THE PAYMENT OF BENEFITS HEREUNDER TO SUCH RECIPIENT.
10.5
INFORMATION BETWEEN EMPLOYER AND TRUSTEE.
THE EMPLOYER AGREES TO
FURNISH THE TRUSTEE, AND THE TRUSTEE AGREES TO FURNISH THE EMPLOYER WITH SUCH
INFORMATION RELATING TO THE PLAN AND TRUST AS MAY BE REQUIRED BY THE OTHER IN
ORDER TO CARRY OUT THEIR RESPECTIVE DUTIES HEREUNDER, INCLUDING WITHOUT
LIMITATION INFORMATION REQUIRED UNDER THE CODE OR ERISA AND ANY REGULATIONS
ISSUED OR FORMS ADOPTED THEREUNDER.
10.6
NOTICES.
ANY NOTICE OR OTHER COMMUNICATION IN CONNECTION WITH THIS
PLAN SHALL BE DEEMED DELIVERED IN WRITING IF ADDRESSED AS PROVIDED BELOW AND IF
EITHER ACTUALLY DELIVERED AT SAID ADDRESS OR, IN THE CASE OF A LETTER, THREE
BUSINESS DAYS SHALL HAVE ELAPSED AFTER THE SAME SHALL HAVE BEEN DEPOSITED IN THE
UNITED STATES MAILS, FIRST-CLASS POSTAGE PREPAID AND REGISTERED OR CERTIFIED:
(A)
IF IT IS SENT TO THE EMPLOYER OR ADMINISTRATOR, IT WILL BE AT THE
ADDRESS SPECIFIED BY THE EMPLOYER;
(B)
IF IT IS SENT TO THE TRUSTEE, IT WILL BE SENT TO THE ADDRESS SET
FORTH IN THE TRUST AGREEMENT; OR, IN EACH CASE AT SUCH OTHER ADDRESS AS THE
ADDRESSEE SHALL HAVE SPECIFIED BY WRITTEN NOTICE DELIVERED IN ACCORDANCE WITH
THE FOREGOING TO THE ADDRESSOR'S THEN EFFECTIVE NOTICE ADDRESS.
10.7
GOVERNING LAW.
THE PLAN WILL BE CONSTRUED, ADMINISTERED AND
ENFORCED ACCORDING TO ERISA, AND TO THE EXTENT NOT PREEMPTED THEREBY, THE LAWS
OF THE STATE OF OREGON.
ARTICLE XI
PLAN ADMINISTRATION
11.1
POWERS AND RESPONSIBILITIES OF THE COMMITTEE.
THE COMMITTEE HAS
THE FULL POWER AND THE FULL RESPONSIBILITY TO ADMINISTER THE PLAN IN ALL OF ITS
DETAILS, SUBJECT, HOWEVER, TO THE APPLICABLE
11
requirements of ERISA.
The Committee's powers and responsibilities include, but
are not limited to, the following:
(A)
TO MAKE AND ENFORCE SUCH RULES AND REGULATIONS AS IT DEEMS
NECESSARY OR PROPER FOR THE EFFICIENT ADMINISTRATION OF THE PLAN;
(B)
THE DISCRETIONARY AUTHORITY TO CONSTRUE AND INTERPRET THE PLAN,
ITS INTERPRETATION THEREOF IN GOOD FAITH TO BE FINAL AND CONCLUSIVE ON ALL
PERSONS CLAIMING BENEFITS UNDER THE PLAN;
(C)
TO DECIDE ALL QUESTIONS CONCERNING THE PLAN AND THE ELIGIBILITY OF
ANY PERSON TO PARTICIPATE IN THE PLAN;
(D)
TO ADMINISTER THE CLAIMS AND REVIEW PROCEDURES SPECIFIED IN
SECTION 11.3;
(E)
TO COMPUTE THE AMOUNT OF BENEFITS WHICH WILL BE PAYABLE TO ANY
PARTICIPANT, FORMER PARTICIPANT OR BENEFICIARY IN ACCORDANCE WITH THE PROVISIONS
OF THE PLAN;
(F)
TO DETERMINE THE PERSON OR PERSONS TO WHOM SUCH BENEFITS WILL BE
PAID;
(G)
TO AUTHORIZE THE PAYMENT OF BENEFITS;
(H)
TO APPOINT SUCH AGENTS, COUNSEL, ACCOUNTANTS, AND CONSULTANTS AS
MAY BE REQUIRED TO ASSIST IN ADMINISTERING THE PLAN;
(I)
BY WRITTEN INSTRUMENT, TO ALLOCATE AND DELEGATE ITS
RESPONSIBILITIES.
11.2
NONDISCRIMINATORY EXERCISE OF AUTHORITY.
WHENEVER, IN THE
ADMINISTRATION OF THE PLAN, ANY DISCRETIONARY ACTION BY THE COMMITTEE IS
REQUIRED, THE COMMITTEE SHALL EXERCISE ITS AUTHORITY IN A NONDISCRIMINATORY
MANNER SO THAT ALL PERSONS SIMILARLY SITUATED WILL RECEIVE SUBSTANTIALLY THE
SAME TREATMENT.
11.3
CLAIMS AND REVIEW PROCEDURES.
If Participant or his or her representative submit