No employee of the employer nor anyone else
shall have any rights whatsoever against the employer or the plan
administrator as a result of this plan except those expressly granted
hereunder. Nothing herein shall be construed to give any employee
the right to remain in the employ of the employer.
For purposes of this plan, the masculine shall
be read for the feminine and the singular shall be read for the plural,
and vice versa, wherever the person or context shall plainly so require.
This plan may be executed and/or conformed in
any number of counterparts, each of which shall be deemed an original
and shall be construed and enforced according to the laws of the Commonwealth
of Pennsylvania, excepting such commonwealth’s choice of law
rules.
The headings of articles are included solely
for convenience of reference, and if there be any conflict between
such headings and the text of the plan, the text shall control.
In case any provisions of this plan shall be
held illegal or invalid for any reason, said illegality or invalidity
shall not affect the remaining parts of this plan, and the plan shall
be construed and enforced as if said illegal and invalid provisions
had never been inserted therein.
If any participant shall be physically or mentally
incapable of receiving or acknowledging receipt of any payment of
pension benefits hereunder, the plan administrator, upon the receipt
of satisfactory evidence that such participant is so incapacitated
and that another person or institution is maintaining him, may provide
for such payment of pension benefits hereunder to such person or institution
so maintaining him, and any such payments so made shall be deemed
for every purpose to have been made to such participant.
Subject to the provisions of the Act and unless
otherwise specifically required by other applicable laws, no past,
present or future officer of the employer shall be personally liable
to any participant, beneficiary or other person under any provision
of the plan.
Nothing contained herein shall be deemed to
give any participant or beneficiary any interest in any specific property
of the pension fund or any right except to receive such distributions
as are expressly provided for under the plan.
The income and principal of the pension fund
are for the sole use and benefit of the participants covered hereunder,
and to the extent permitted by law, shall be free, clear and discharged
from and are not to be in any way liable for debts, contracts or agreements,
now contracted or which may hereafter be contracted, and from all
claims and liabilities now or hereafter incurred by any participant
or beneficiary.