Common use of FAILURE OF PLAN QUALIFICATION Clause in Contracts

FAILURE OF PLAN QUALIFICATION. If the Plan fails to retain its qualified status, the Plan will no longer be considered to be part of a prototype plan, and such Employer can no longer participate under this prototype. In such event, the Plan will be considered an individually designed plan. SECTION TEN MISCELLANEOUS 10.01 STATE COMMUNITY PROPERTY LAWS The terms and conditions of this Plan shall be applicable without regard to the community property laws of any state. 10.02 HEADINGS The headings of the Plan have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof. 10.03 GENDER AND NUMBER Whenever any words are used herein in the masculine gender they shall be construed as though they were also used in the feminine gender in all cases where they would so apply, and whenever any words are used herein in the singular form they shall be construed as though they were also used in the plural form in all cases where they would so apply.

FAILURE OF PLAN QUALIFICATION. If the Plan fails to attain or retain its qualified status, the Plan will no longer be considered to be part of a prototype plan, and such Employer can no longer participate under this prototype. In such event, the Plan will be considered an individually designed plan. SECTION TEN MISCELLANEOUS 10.01 STATE COMMUNITY PROPERTY LAWS State Community Property Laws The terms and conditions of this Plan shall be applicable without regard to the community property laws of any state. 10.02 HEADINGS Headings The headings of the Plan have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof. 10.03 GENDER AND NUMBER Gender and Number Whenever any words are used herein in the masculine gender they shall be construed as though they were also used in the feminine gender in all cases where they would so apply, and whenever any words are used herein in the singular form they shall be construed as though they were also used in the plural form in all cases where they would so apply.

FAILURE OF PLAN QUALIFICATION. If the Plan fails to retain its qualified status, the Plan will no longer be considered to be part of a prototype plan, and such Employer can no longer participate under this prototype. In such event, the Plan will be considered an individually designed plan. SECTION TEN MISCELLANEOUS. 10.01 STATE COMMUNITY PROPERTY LAWS The terms and conditions of this Plan shall be applicable without regard to the community property laws of any state. 10.02 HEADINGS The headings of the Plan have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof. 10.03 GENDER AND NUMBER Whenever any words are used herein in the masculine gender they shall be construed as though they were also used in the feminine gender in all cases where they would so apply, and whenever any words are used herein in the singular form they shall be construed as though they were also used in the plural form in all cases where they would so apply.