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federal or state tax treatment will apply to or be available to any Participant. It shall be the obligatjion of each Participant to determine whether each payment under the Plan is excludable from tMe Participant's gross income for federal and state income tax purposes, and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable. Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally enforc~able. 11.8 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS If any Participant receives one or more payments or reimbursements under the Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the Employer for any liability it may incur for failure to withhold federal or state income tax or Social Security tax from such payments or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax (plus any penalti!=ls) that the Participant would have owed if the payments or reimbursements had been made ~o the Participant as regular cash compensation, plus the Participant's share of any Social Securi~y tax that would have been paid on such compensation, less any such additional income and Sdcial Security tax actually paid by the Participant. 11.9 j FUNDING Unless otherwise required by law, contributions to the Plan need not be placed in trust o~ dedicated to a specific Benefit, but may instead be considered general assets of the Employer. Furthermore, and unless otherwise required by law, nothing herein shall be constnjed to require the Employer or the Administrator to maintain any fund or segregate any amount for the benefit of any Participant, and no Participant or other person shall have any claim C:1gainst, right to, or security or other interest in, any fund, account or asset of the Employer from which any payment under the Plan may be made. 11.10 ! GOVERNING LAW This Plan is governed by the Code and the Treasury regulations issued thereu~der (as they might be amended from time to time). In no event shall the Employer guaran~ee the favorable tax treatment sought by this Plan. To the extent not preempted by Feder~llaw, the provisions of this Plan shall be construed, enforced and administered according to the laws of the State of North Dakota. 11.11 . SEVERABILITY If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other provisions of the Plan, and the Plan shall be constnjed and enforced as if such provision had not been included herein. , 11.12 i CAPTIONS The captions contained herein are inserted only as a matter of convenience and for ref~rence, and in no way define, limit, enlarge or describe the scope or intent of the Plan, nor in any tJay shall affect the Plan or the construction of any provision thereof. ! 26