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<br />SECTION VIII <br /> <br />Miscellaneous Provisions <br /> <br />8.1 Neither party may assign its rights or obligations under this agreement without the written <br />consent of the other party. <br /> <br />8.2 If during the operation of the Plan, the federal government, the state government, or any <br />political subdivision or instrumentality shall assess any tax against the Plan, and the <br />Plan/Claims Administrator is required to pay such tax, the Claims Administrator shall <br />immediately notify the Company and the Company shall promptly ensure that the funds <br />necessary to remit such taxes to the proper authority are available. <br /> <br />8.3 This Agreement may be amended by the Company and the Claims Administrator at any <br />time by mutual written consent of said parties. <br /> <br />8.4 In the event of termination of this Agreement resulting from the default of the Company, <br />as provided above, the Claims Administrator shall charge, and the Company shall pay to <br />the Claims Administrator all fees, commitments, and obligations directly related to the <br />Plan and incurred by the Claims Administrator through such date of termination. <br /> <br />8.5 The Plan Administrator hereby is designated the agent for service oflegal process on <br />behalf of the Plan at its principal office. <br /> <br />8.6 If any change to ERISA or any other applicable law requires an amendment to the <br />Agreement, the Agreement will automatically be amended to conform to that change in <br />applicable law. <br /> <br />8.7 The Claims Administrator does not guarantee the payment of benefits under the Plan or <br />any trust. <br /> <br />8.8 Nothing appearing in or done pursuant to this Agreement, the Plan or any trust will be <br />held or construed: (a) to give a person any legal or equitable right or interest in the Plan, <br />except as expressly provided by the Plan; (b) to create a contract of employment with any <br />employee or to give any employee the right to continue as an employee, nor to effect or <br />modify his or her terms of employment in any way; (c) to interfere with the right of the <br />Company to terminate the service of any employee without regard to the effect of such <br />termination upon his or her rights or benefits under the Plan. <br /> <br />8.9 Headings and titles are for convenience only, and the text will control in all matters. <br /> <br />8.10 This Agreement will be construed, enforced and administered in accordance with ERISA. <br />While ERISA preempts most state laws, to the extent that state law applies to this <br />agreement, provisions of this Agreement will be construed, enforced and administered <br />according to the laws of Texas. <br /> <br />12 <br />