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ARTICLE XI - MISCELLANEOUS
11.1 PARTICIPANT'S RIGHTS. This Plan shall not be deemed
to constitute a contract etween the Employer and any Partici-
pant or to be a consideration or an inducement for the employ-
, meat of any Participant or Employee. Nothing contained in this
Plan shall be deemed to give any Participant or Employee the .
right to be retained in the service of the Employer or to inter-
fere with the right of the Employer to discharge any Participant
or Employee at any time regardless of the effect which such
discharge shall have upon him as a Participant of this Plan.
11.2 ALIENATION. No benefit which shall be payable out
of the Trust Fund to any person (including a Participant or his
Beneficiary) shall be subject in any manner to anticipation,
alienation, sale, transfer, assignment, pledge, encumbrance, or
charge, and any attempt to anticipate, alienate, sell, transfer,
assign, pledge, encumber, or charge the same shall be void; and no
such benefit shall in any manner be liable for, or subject to, the
debts, contracts, liabilities, engagements, or torts of any such
person, nor shall it be subject to attachment or legal process
for or against such person, and the same shall not be recognized
by the Trustee, except to such extent as may be required by law.
11.3 CONSTRUCTION OF AGREEMENT. This Plan and Trust
shall be construed and enforced according to the Act and the
laws of the .State of Florida, other than its laws respecting
choice of law, to the extent not preempted by the Act.
11.4 GENDER AND NUMBER. Wherever any words are used
herein in the masculine, feminine or neuter gender, they shall
be construed as though they were also used in another gender
in all cases where they would so apply, and whenever any words
are used herein in the singular or plural form, they shall be
construed as though they were also used in the other form in all
cases where they would so apply.
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11.5 HEADINGS. The headings and subheadings of this
Agreement have been inserted for convenience of reference and
are to be ignored in any construction of the provisions hereof.
11.6 LEGAL ACTION. In the event any claim, suit, or pro-
ceeding is brought regarding the Trust and/or Plan established
hereunder to which the Trustee or the Administrator may be a
party, they shall be entitled to be reimbursed from the Trust
Fund for any and all costs, attorney's fees, and other expenses
pertaining thereto incurred by them for which they shall have
become liable.. Further, in order to protect the funds of Par-
ticipants against depletion as a result of ill-advised claims
and litigation, it is agreed that, except as otherwise specifically
provided in this Agreement, in the event any Participant or his
Beneficiary makes any claim under the Plan or institutes legal
action against the Plan, the Administrator, or the Trustee, the
~ result of which is adverse to the Participant or Beneficiary
bringing the claim or suit, such .Participant or Beneficiary
~ shall be liable for the payment, or reimbursement, of all of
the costs, attorney's fees and other expenses pertaining thereto
which shall be incurred reasonably by the Trustee, the Adminis-
~ trator, the Employer or the Plan, unless an arbitrator or judge
having jurisdiction over the controversy shall specifically rule
otherwise.
J;~K315 PA~E~434
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