Laserfiche WebLink
ARTICLE VIII <br />MISCELLANEOUS PROVISIONS <br />8.1 Nonalienation <br />Eligible Employees do not have an interest in the Trust. Accordingly, the Trust <br />shall not in any way be liable to attachment, garnishment, assignment or other <br />process, or be seized, taken, appropriated or applied by any legal or equitable <br />process, to pay any debt or liability of an Eligible Employee or any other party. <br />Trust Assets shall not be subject to the claims of any Employer or the claims of its <br />creditors. <br />8.2 Saving Clause <br />In the event any provision of this Trust Ageement is held illegal or invalid for <br />any reason, said illegality or invalidity shall not affect the remaining parts of the <br />Trust Agreement, but this instrument shall be construed and enforced as if said <br />provision had never been included. <br />8.3 Applicable Law <br />This Tivst Agreement and the Trust shall be construed, administered and <br />governed under the Code and the law of the State of California. To the extent any <br />of the provisions of this Trust Agreement are inconsistent with the Code or <br />applicable state law, the provisions of the Code or state law shall control. In the <br />event, however, that any provision is susceptible to more than one interpretation, <br />such interpretation shall be given thereto as is consistent with the Trust <br />Agreement being a tax-exempt trust within the meaning of the Code. <br />8.4 Joinder of Parties <br />In any action or other judicial proceedings affecting this Trust Agreement, it shall <br />be necessary to join as parties only the Trustee, the Plan Administrator or <br />Delegatee. No participant or other persons having an interest in the Trust or any <br />Agency Account shall be entitled to any notice or service of process unless <br />otherwise required by law. Any judgment entered in such a proceeding or action <br />shall be binding on all persons claiming under this Trust Agreement; provided, <br />however, that nothing in this Trust Ageement shall be construed as to deprive a <br />participant of such participant's right to seek adjudication of such participant's <br />rights under applicable law. <br />8.5 Employment of Counsel <br />The Trustee may consult with legal counsel (who may be counsel for the Trustee, <br />the Trust Administrator or any Employer) with respect to the interpretation of this <br />Agreement or the Trustee's duties hereunder or with respect to any legal <br />22 <br />N61:657192.8 <br />