Common use of Authority and Responsibility of the Employer Clause in Contracts

Authority and Responsibility of the Employer. Unless otherwise specifically provided herein, the Employer shall have full and complete authority, responsibility, discretion and control over the management, administration and operation of this Agreement and investments hereunder, including but not limited to the authority to: (a) formulate, adopt, issue, revise and apply procedures and rules in accordance with law; (b) construe and apply the provisions of the Agreement; (c) make determinations concerning eligibility for or accrual of benefits, and concerning eligibility to receive payment of benefits; (d) adopt and prescribe the use of necessary forms; (e) prepare and file reports, notices, and any other documents relating to the Agreement which may be required by the United States Secretary of Labor or Secretary of the Treasury; (f) prepare and distribute to the Executive any communication materials required by ERISA or the Code; (g) employ or retain agents and/or other professionals (including those who may be employed by or represent the Employer) to aid it in the administration of the Agreement; (h) be the agent for service of legal process; (i) make available for inspection and provide upon request documents and instruments required to be disclosed by ERISA or the Code; (j) direct the payment of benefits under the Agreement and issue such other directions and instructions as are necessary for the proper administration of the Agreement; and (k) analyze and report activity under this Agreement. Any decisions or determinations the Employer may make under or with respect to this Agreement shall be made in its sole discretion and shall be final and binding.