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AG19891204
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AG19891204
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Last modified
3/28/2003 9:14:29 AM
Creation date
11/27/2017 12:07:30 PM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/4/1989
Board
Board of Commissioners
Meeting Type
Regular
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9.07. The laws of the state of the EMPLOYER shall apply in determining the construction and <br /> v~lidlty of this Plan. <br /> <br /> 9.08. The rights of the PARTICIPANT under this Plan shall not be subject to the rights of creditors <br /> of the PARTICIPANT or any Benei'lciary, and shall be exempt Imm execution, attachment, prior <br /> assignment, or any other Judicial relief or order for the benelit of creditors or Other third persons. <br /> <br /> 9.09. It is agreed that neither the PARTICIPANT nor his Beneficiary 'nor any other designee shall <br /> have any right to commute, sell, assign, pledge, encumber, transfer, or otherwise conv~y the right <br /> to receive any payments hereunder which payments and right thereto are expressly declared to <br /> be nonassigneble and nontransferable. <br /> <br /> 9.10, This Plan, and any properly adopted amendments, shall Constitute the total agreement or <br /> contract between the EMPLOYER and the PARTICIPANT regarding the Plan. No oral statement <br /> regarding the Plan may be relied upon by the PARTICIPANT. <br /> <br /> 9.11. This Plan and any properly adopted amendments, shall be binding on the parties hereto and <br /> their respective heirs, administrators, trustees, successors, and assignees and on all Beneficiaries <br /> of the PARTICIPANT. <br /> <br /> ARTICLE X <br /> Notice to ALL PARTICIPANTS to Read'These Provisions Providing Broad Powers and Absolute <br /> Safeguards to the EMPLOYER <br /> <br /> 10.01. The EMPLOYER, or Its authorized agent, the Administrator, shall be authorized to resolve <br /> any questions of fact necessary to decide the PARTICIPANT'S righl under this Plan and such <br /> decision shall be binding on the PARTICIPANT and any Beneficiary thereof. <br /> <br /> 10.O2. The EMPLOYER, or its authorized agent, the Administrator, shall be authorized to construe <br /> the Plan and to resolve any ambiguity in the Plan. <br /> <br /> 10.03. The PARTICIPANT specifically agrees not to seek recovery against the EMPLOYER, the <br /> Administrator or any other employee, contractee, or agent of the EMPLOYER or Administrator, or <br /> any endorser for any loss sustained by the PARTICIPANT or his Beneficiary, for the non-performance <br /> of their duties, negligence, or any other misconduct of the above named persons except that this <br /> paragraph shall not excuse fraud or wrongful taking by any person. <br /> <br />10.04. The EMPLOYER, or its agents including the Administrator, if in doubt concerning the <br />correctness of their action in making a payment of a benefit, may suspend the payment until satisfied <br />as to the correctness of ~he payment or the person to receive the payment or allow the filing in <br />any State court of competent jurisdiction, s suit in such form as they consider appropriate for a <br />legal determination of the benefits to be paid and the persons to receive them. The EMPLOYER <br />shall comply with the final orders of the court in any such suit and the PARTICIPANT, tot himself <br />and his Beneficiary, consents to be bound thereby insofar as it affects the benefits payable under <br />this Plan or the method or manner of payment, <br /> <br />10.05. The EMPLOYER and Its agents, including the Administrator, are hereby held harmless from <br />all court costs and all claims for the attorneys' tees arising from any action brought by tile <br />PARTICIPANT or any Beneficiary thereof under this Plan or to enforce his rights under this Plan, <br />including any amendments hereof. <br /> <br />10,06. The Administrator shall not be required to participate In any litigation concerning the Plan <br />except upon written demand from the EMPLOYER. The Administrator may compromise, adjust or <br />effect settlement of litigation when specifically instructed to do so by the EMPLOYER. <br /> <br />oc-502-s (8-B9, ~_~. q.[c~'~ Pn~n7 <br /> <br /> <br />
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