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11.4 EXCLUSIVE BENEFIT <br />This Plan shall be maintained for the exclusive benefit of the Employees who participate in the Plan. <br />11.5 PARTICIPANT'S RIGHTS <br />This Plan shall not be deemed to constitute an employment contract between the Employer and any Participant or to be a <br />consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed tc <br />give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to <br />discharge any Participant or Employee at any time regardless of the effect which such discharge shall have upon him as a Participant <br />of this Plan. <br />11.6 ACTION BY THE EMPLOYER <br />Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it <br />shall be done and performed by a person duly authorized by its legally constituted authority. <br />11.7 EMPLOYER'S PROTECTIVE CLAUSES <br />(a) Insurance purchase. Upon the failure of either the Participant or the Employer to obtain the insurance <br />contemplated by this Plan (whether as a result of negligence, gross neglect or otherwise), the Participant's Benefits shall be <br />limited to the insurance premium(s), if any, that remained unpaid for the period in question and the actual insurance <br />proceeds, if any, received by the Employer or the Participant as a result of the Participant's claim. <br />(b) Validity of insurance contract. The Employer shall not be responsible for the validity of any Insurance <br />Contract issued hereunder or for the failure on the part of the Insurer to make payments provided for under any Insurance <br />Contract. Once insurance is applied for or obtained, the Employer shall not be liable for any loss which may result from the <br />failure to pay Premiums to the extent Premium notices are not received by the Employer. <br />11.8 NO GUARANTEE OF TAX CONSEQUENCES <br />Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit <br />of a Participant under the Plan will be excludable from the Participant's gross income for federal or state income tax purposes, or that <br />any other federal or state tax treatment will apply to or be available to any Participant. It shall be the obligation of each Participant to <br />determine whether each payment under the Plan is excludable from the Participant's gross income for federal and state income tax <br />purposes, and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable. <br />Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally enforceable. <br />11.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS <br />If any Participant receives one or more payments or reimbursements under the Plan that are not for a permitted Benefit, <br />such Participant shall indemnify and reimburse the Employer for any liability it may incur for failure to withhold federal or state income <br />tax or Social Security tax from such payments or reimbursements. However, such indemnification and reimbursement shall not <br />exceed the amount of additional federal and state income tax (plus any penalties) that the Participant would have owed if the <br />payments or reimbursements had been made to the Participant as regular cash compensation, plus the Participant's share of any <br />Social Security tax that would have been paid on such compensation, less any such additional income and Social Security tax actually <br />paid by the Participant. <br />11.10 FUNDING <br />Unless otherwise required by law, contributions to the Plan need not be placed in trust or dedicated to a specific Benefit, but <br />may instead be considered general assets of the Employer. Furthermore, and unless otherwise required by law, nothing herein shall <br />be construed to require the Employer or the Administrator to maintain any fund or segregate any amount for the benefit of any <br />Participant, and no Participant or other person shall have any claim against, right to, or security or other interest in, any fund, account <br />or asset of the Employer from which any payment under the Plan may be made. <br />11.11 GOVERNINGLAW <br />This Plan is governed by the Code and the Treasury regulations issued thereunder (as they might be amended from time to <br />time). In no event shall the Employer guarantee the favorable tax treatment sought by this Plan. To the extent not preempted by <br />Federal law, the provisions of this Plan shall be construed, enforced and administered according to the laws of the State of Minnesota. <br />11.12 SEVERABILITY <br />If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other <br />provisions of the Plan, and the Plan shall be construed and enforced as if such provision had not been included herein. <br />11.13 CAPTIONS <br />The captions contained herein are inserted only as a matter of convenience and for reference, and in no way define, limit, <br />enlarge or describe the scope or intent of the Plan, nor in any way shall affect the Plan or the construction of any provision thereof. <br />18 <br />