This plan and the trust created in connection with the plan are based upon the condition precedent that they shall be approved and qualified by the International Revenue Service as meeting the requirements of the Federal Internal Revenue Code and regulations issued thereunder with respect to employees' trusts, so that the Town's contributions will not be currently taxable to the participants as income. Accordingly, anything hereinabove contained to the contrary notwithstanding, if a final ruling shall be received, in writing, from the Internal Revenue Service that this plan and the trust do not qualify under the terms of Sections 401 and 501 of the Internal Revenue Code, there shall be no vesting in any participant of any assets of the trust fund held by the trustee, and the trustee, upon receipt of written notice from the Board, together with a copy of such a ruling, shall transfer and pay over to the Town all of the net assets in the trust fund remaining after deduction of proper expenses of termination, and the trust fund shall thereupon terminate. For the purposes of this article, "final ruling" shall mean either the initial letter ruling from the District Director, in response to the Town's original application for a ruling, or, if such letter ruling is unfavorable and a written appeal is taken or protest filed with 60 days of the date of such letter ruling, it shall mean the ruling received in response to such appeal or protest.