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<br />11.3 WRITTEN DOCUMENT <br /> <br />This Plan, in conjunction with any separate written document which may be <br />required by law, is intended to satisfy the written Plan requirement of Code Section 125 and any <br />Treasury regulations thereunder relating to cafeteria plans. <br /> <br />11.4 EXCLUSIVE BENEFIT <br /> <br />This Plan shall be maintained for the exclusive benefit of the Employees who <br />participate in the Plan. <br /> <br />11.5 PARTICIPANT'S RIGHTS <br /> <br />This Plan shall not be deemed to constitute an employment contract between the <br />Employer and any Participant or to be a consideration or an inducement for the employment of <br />any Participant or Employee. Nothing contained in this Plan shall be deemed to give any <br />Participant or Employee the right to be retained in the service of the Employer or to interfere <br />with the right of the Employer to discharge any Participant or Employee at any time regardless <br />of the effect which such discharge shall have upon him as a Participant of this Plan. <br /> <br />11.6 ACTION BY THE EMPLOYER <br /> <br />Whenever the Employer under the terms of the Plan is permitted or required to <br />do or perform any act or matter or thing, it shall be done and performed by a person duly <br />authorized by its legally constituted authority. <br /> <br />11.7 NO GUARANTEE OF TAX CONSEQUENCES <br /> <br />Neither the Administrator nor the Employer makes any commitment or guarantee <br />that any amounts paid to or for the benefit of a Participant under the Plan will be excludable <br />from the Participant's gross income for federal or state income tax purposes, or that any other <br />federal or state tax treatment will apply to or be available to any Participant. It shall be the <br />obligation of each Participant to determine whether each payment under the Plan is excludable <br />from the Participant's gross income for federal and state income tax purposes, and to notify the <br />Employer if the Participant has reason to believe that any such payment is not so excludable. <br />Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally <br />enforceable. <br /> <br />11.8 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS <br /> <br />If any Participant receives one or more payments or reimbursements under the <br />Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the <br />Employer for any liability it may incur for failure to withhold federal or state income tax or Social <br />Security tax from such payments or reimbursements. However, such indemnification and <br />reimbursement shall not exceed the amount of additional federal and state income tax (plus any <br />penalties) that the Participant would have owed if the payments or reimbursements had been <br />made to the Participant as regular cash compensation, plus the Participant's share of any Social <br />Security tax that would have been paid on such compensation, less any such additional income <br />and Social Security tax actually paid by the Participant. <br /> <br />24 <br />