Common use of Failure of Designation Clause in Contracts

Failure of Designation. If a Participant: (a) fails to designate a Beneficiary, (b) designates a Beneficiary and thereafter such designation is revoked without another Beneficiary being named, or (c) designates one or more Beneficiaries and all such Beneficiaries so designated fail to survive the Participant, such Participant's Vested Account, or the part thereof as to which such Participant's designation fails, as the case may be, shall be payable to the first class of the following classesof automatic Beneficiaries with a member surviving the Participant and (except in the case of the Participant's surviving issue) in equal shares if there is more than one member in such class surviving the Participant: Participant's surviving spouse Participant's surviving issue per stirpes and not per capita Participant's surviving parents Participant's surviving brothers and sisters Representative of Participant's estate.

Failure of Designation. If a Participant: (a) fails to designate a Beneficiary, (b) designates a Beneficiary and thereafter revokes such designation is revoked without naming another Beneficiary being namedBeneficiary, or (c) designates one or more Beneficiaries and all such Beneficiaries so designated fail to survive the Participant, such Participant's Vested Total Account, or the part thereof as to which such Participant's designation fails, as the case may be, shall be payable to the first class of the following classesof classes of automatic Beneficiaries with a member surviving the Participant and (except in the case of the Participant's his surviving issue) in equal shares if there is more than one member in such class surviving the Participant: Participant's surviving spouse Participant's surviving issue per stirpes and not per capita Participant's surviving parents Participant's surviving brothers and sisters Representative of Participant's estate.

Failure of Designation. If a Participant: (a) fails to designate a Beneficiary, (b) designates a Beneficiary and thereafter such designation is revoked without another Beneficiary being named, or (c) designates one or more Beneficiaries and all such Beneficiaries so designated fail to survive the Participant, such Participant's Vested Total Account, or the part thereof as to which such Participant's designation fails, as the case may be, shall be payable to the first class of the following classesof classes of automatic Beneficiaries with a member surviving the Participant and (except in the case of the Participant's surviving issue) in equal shares if there is more than one member in such class surviving the Participant: Participant's surviving spouse Participant's surviving issue per stirpes and not per capita Participant's surviving parents Participant's surviving brothers and sisters Representative of Participant's estate.

Failure of Designation. If a Participant: (a) fails to designate a Beneficiary, (b) designates a Beneficiary and thereafter such designation is revoked without another Beneficiary being named, or, (c) designates one or more Beneficiaries and all such Beneficiaries so designated fail to survive the Participant, or (d) designates more than one Beneficiary and one of such Beneficiaries so designated fails to survive the Participant, and the beneficiary designation fails to designate another Beneficiary, such Participant's ’s Vested Account, or the part thereof as to which such Participant's ’s designation fails, as the case may be, shall be payable to the first class of the following classesof classes of automatic Beneficiaries with a member surviving the Participant and (except in the case of the Participant's ’s surviving issue) in equal shares if there is more than one member in such class surviving the Participant: Participant's ’s surviving spouse Participant's ’s surviving issue per stirpes and not per capita Participant's ’s surviving parents Participant's ’s surviving brothers and sisters Representative of Participant's ’s estate.

Failure of Designation. If a Participant: : (ai) fails to designate a Beneficiary, , (bii) designates a Beneficiary and thereafter such designation is revoked without another Beneficiary being named, or or (ciii) designates one or more Beneficiaries and all such Beneficiaries so designated fail to survive the Participant, such Participant's Vested ’s Total Account, or the part thereof as to which such Participant's ’s designation fails, as the case may be, shall be payable to the first class of the following classesof classes of automatic Beneficiaries with a member surviving the Participant and (except in the case of the Participant's ’s surviving issue) in equal shares if there is more than one member in such class surviving the Participant: : (a) Participant's ’s surviving spouse spouse (b) Participant's ’s surviving issue per stirpes and not per capita capita (c) Participant's ’s surviving parents parents (d) Participant's ’s surviving brothers and sisters sisters (e) Representative of Participant's ’s estate.

Failure of Designation. If a Participant: (a) fails to designate a Beneficiary, (b) designates a Beneficiary and thereafter revokes such designation is revoked without naming another Beneficiary being namedBeneficiary, or (c) designates one or more Beneficiaries and all such Beneficiaries so designated fail to survive the Participant, such Participant's Vested Accountaccount, or the part thereof as to which such Participant's designation fails, as the case may be, shall be payable to the first class of the following classesof classes of automatic Beneficiaries with a member surviving the Participant and (except in the case of the Participant's surviving issue) in equal shares if there is more than one member in such class surviving the Participant: Participant's surviving spouse Participant's surviving issue per stirpes and not per capita Participant's surviving parents Participant's surviving brothers and sisters Representative of Participant's estate.