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7/15/2005 10:12:56 AM
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<br />, . <br /> <br />8.2 APPLICATION OF BENEFIT PLAN SURPLUS <br /> <br />Any forfeited amounts credited to the benefit plan surplus by virtue of the <br />failure of a Participant to incur a qualified expense or seek reimbursement in a timely <br />manner may, but need not be, separately accounted for after the close of the Plan Year (or <br />after such further time specified herein for the filing of claims) in which such forfeitures <br />arose. In no event shall such amounts be carried over to reimburse a Participant for <br />expenses incurred during a subsequent Plan Year for the same or any other Benefit <br />available under the Plan; nor shall amounts forfeited by a particular Participant be made <br />available to such Participant in any other form or manner, except as permitted by Treasury <br />regulations. Amounts in the benefit plan surplus shall first be used to defray any <br />administrative costs and experience losses and thereafter be retained by the Employer. <br /> <br />ARTICLE IX <br />ADMINISTRATION <br /> <br />9.1 PLAN ADMINISTRATION <br /> <br />The operation of the Plan shall be under the supervision of the Administrator. <br />It shall be a principal duty of the Administrator to see that the Plan is carried out in <br />accordance with its terms, and for the exclusive benefit of Employees entltied-to-participate <br />in the Plan. The Administrator shall have full power to administer the Plan in all of its details, <br />subject, however, to the pertinent provisions of the Code. The Administrator's powers shall <br />include, but shall not be limited to the following authority, in addition to all other powers <br />provided by this Plan: <br /> <br />(a) To make and enforce such rules and regulations as the <br />Administrator deems necessary or proper for the efficient administration of <br />the Plan; <br /> <br />(b) To interpret the Plan, the Administrator's interpretations thereof <br />in good faith to be final and conclusive on all persons claiming benefits by <br />operation of the Plan; <br /> <br />(c) To decide all questions concerning the Plan and the eligibility of <br />any person to participate in the Plan and to receive benefits provided by <br />operation of the Plan; <br /> <br />(d) To reject elections or to limit contributions or Benefits for <br />certain highly compensated participants if it deems such to be desirable in <br />order to avoid discrimination under the Plan in violation of applicable <br />provisions of the Code; <br /> <br />(e) To provide Employees with a reasonable notification of their <br />benefits available by operation of the Plan; <br /> <br />(f) To approve reimbursement requests and to authorize the <br />payment of benefits; and <br /> <br />. 23 <br />, <br />
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