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<br />8.2 APPLICATION OF BENEfiT PLAN SURPLUS <br /> <br />Any forfeited amounts credited to the benefit plan surplus by virtue of the failure <br />of a Participant to incur a qualified expense or seek reimbursement in a timely manner may, but <br />need not be, separately accounted for after the close of the Plan Year (or after such further time <br />specified herein for the filing of claims) in which such forfeitures arose. In no event shall such <br />amounts be carried over to reimburse a Participant for expenses incurred during a subsequent <br />Plan Year for the same or any other Benefit available under the Plan; nor shall amounts <br />forfeited by a particular Participant be made available to such Participant in any other form or <br />manner, except as permitted by Treasury regulations. Amounts in the benefit plan surplus shall <br />first be used to defray any administrative costs and experience losses and thereafter be <br />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. It <br />shall be a principal duty of the Administrator to see that the Plan is carried out in accordance <br />with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The <br />Administrator shall have full power to administer the Plan in all of its details, subject, however, to <br />the pertinent provisions of the Code. The Administrator's powers shall include, but shall not be <br />limited to the following authority, in addition to all other powers 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 the <br />Plan; <br /> <br />(b) To interpret the Plan, the Administrator's interpretations thereof in <br />good faith to be final and conclusive on all persons claiming benefits by operation <br />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 certain <br />highly compensated participants if it deems such to be desirable in order to avoid <br />discrimination under the Plan in violation of applicable 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 payment <br />of benefits; <br /> <br />(g) To appoint such agents, counsel, accountants, consultants, and <br />actuaries as may be required to assist in administering the Plan. <br /> <br />Any procedure, discretionary act, interpretation or construction taken by the <br />Administrator shall be done in a nondiscriminatory manner based upon uniform principles <br />consistently applied and shall be consistent with the intent that the Plan shall continue to comply <br />with the terms of Code Section 125 and the Treasury regulations thereunder <br /> <br />23 <br /> <br />1711 <br />