Common use of LIMITATIONS ON ALLOCATIONS Clause in Contracts

LIMITATIONS ON ALLOCATIONS. PARTICIPATION IN THIS PLAN ONLY If the Participant does not participate in and has never participated in another Qualified Plan, a Welfare Benefit Fund, individual medical account as defined in Code Section 415(l)(2), or a Simplified Employee Pension Plan maintained by the adopting Employer, which provides an Annual Addition, the amount of Annual Additions which may be credited to the Participant's account for any Limitation Year will not exceed the lesser of the Maximum Permissible Amount or any other limitation contained in this Plan. If the Employer contribution that would otherwise be contributed or allocated to the Participant's account would cause the Annual Additions for the Limitation Year to exceed the Maximum Permissible Amount, the amount contributed or allocated will be reduced so that the Annual Additions for the Limitation Year will equal the Maximum Permissible Amount. Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimate of the Participant's Compensation for the Limitation Year, uniformly determined for all Participants similarly situated. As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensation for the Limitation Year.

LIMITATIONS ON ALLOCATIONS. 10.1 PARTICIPATION IN THIS PLAN ONLY If the Participant does not participate in in, and has never participated in another Qualified Planqualified plan, a Welfare Benefit Fund, Fund (as defined in paragraph 1.72) or an individual medical account account, as defined in Code Section 415(l)(2415(1)(2), or a Simplified Employee Pension Plan maintained by the adopting Employer, which provides an Annual AdditionAddition as defined in paragraph 1.2, the amount of Annual Additions which may be credited to the Participant's account for any Limitation Year will not exceed the lesser of the Maximum Permissible Amount or any other limitation contained in this Plan. If the Employer contribution that would otherwise be contributed or allocated to the Participant's account would cause the Annual Additions for the Limitation Year to exceed the Maximum Permissible Amount, the amount contributed or allocated will be reduced so that the Annual Additions for the Limitation Year will equal the Maximum Permissible Amount. Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimate estimation of the Participant's Compensation for the Limitation Year, uniformly determined for all Participants similarly situated. As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensation for the Limitation Year.

LIMITATIONS ON ALLOCATIONS. PARTICIPATION IN THIS PLAN ONLY Participation In This Plan Only If the Participant does not participate in and has never participated in another Qualified Plan, a Welfare Benefit Fund, individual medical account as defined in Code Section 415(l)(2), or a Simplified Employee Pension Plan maintained by the adopting Employer, which provides an Annual Addition, the amount of Annual Additions which may be credited to the Participant's account for any Limitation Year will not exceed the lesser of the Maximum Permissible Amount or any other limitation contained in this Plan. If the Employer contribution that would otherwise be contributed or allocated to the Participant's account would cause the Annual Additions for the Limitation Year to exceed the Maximum Permissible Amount, the amount contributed or allocated will be reduced so that the Annual Additions for the Limitation Year will equal the Maximum Permissible Amount. Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimate of the Participant's Compensation for the Limitation Year, uniformly determined for all Participants similarly situated. As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensation for the Limitation Year.

LIMITATIONS ON ALLOCATIONS. PARTICIPATION IN THIS PLAN ONLY If the Participant does SECTIONS 3.07 THROUGH 3.19 ------------------------------------------------------ [Note: Sections 3.07 through 3.10 apply only to Participants in this Plan who do not participate in participate, and has who have never participated participated, in another Qualified Plan, qualified plan or in a Welfare Benefit Fund, individual medical account welfare benefit fund (as defined in Code Section 415(l)(2(S)419(e), or a Simplified Employee Pension Plan ) maintained by the adopting Employer, which provides an Annual Addition, the .] 3.07 The amount of Annual Additions which the Advisory Committee may be credited allocate under this Plan on a Participant's behalf for a Limitation Year may not exceed the Maximum Permissible Amount. If the amount the Employer otherwise would contribute to the Participant's account for any Limitation Year will not exceed the lesser of the Maximum Permissible Amount or any other limitation contained in this Plan. If the Employer contribution that would otherwise be contributed or allocated to the Participant's account Account would cause the Annual Additions for the Limitation Year to exceed the Maximum Permissible Amount, the Employer will reduce the amount contributed or allocated will be reduced of its contribution so that the Annual Additions for the Limitation Year will equal the the 3.05 1 90 Defined Contribution Prototype Plan Maximum Permissible Amount. If an allocation of Employer contributions, pursuant to Section 3.04, would result in an Excess Amount (other than an Excess Amount resulting from the circumstances described in Section 3.10) to the Participant's Account, the Advisory Committee will reallocate the Excess Amount to the remaining Participants who are eligible for an allocation of Employer contributions for the Plan Year in which the Limitation Year ends. The Advisory Committee will make this reallocation on the basis of the allocation method under the Plan as if the Participant whose Account otherwise would receive the Excess Amount is not eligible for an allocation of Employer contributions. 3.08 Prior to determining the determination of the Participant's actual Compensation for the a Limitation Year, the Employer Advisory Committee may determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimate of the Participant's estimated annual Compensation for the such Limitation Year, uniformly determined . The Advisory Committee must make this determination on a reasonable and uniform basis for all Participants similarly situated. The Advisory Committee must reduce any Employer contributions (including any allocation of forfeitures) based on estimated annual Compensation by any Excess Amounts carried over from prior years. 3.09 As soon as is administratively feasible after the end of the Limitation Year, the Advisory Committee will determine the Maximum Permissible Amount for the such Limitation Year will be determined on the basis of the Participant's actual Compensation for such Limitation Year. 3.10 If, pursuant to Section 3.09, or because of the allocation of forfeitures, there is an Excess Amount with respect to a Participant for a Limitation Year, the Advisory Committee will dispose of such Excess Amount as follows: (a) The Advisory Committee will return any nondeductible voluntary Employee contributions to the Participant to the extent the return would reduce the Excess Amount. (b) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year, then the Advisory Committee will use the Excess Amount(s) to reduce future Employer contributions (including any allocation of forfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. If the Employer's Plan is a profit sharing plan, the Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (c) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee will hold the Excess Amount unallocated in a suspense account. The Advisory Committee will apply the suspense account to reduce Employer Contributions (including allocation of forfeitures) for all remaining Participants in the next Limitation Year, and in each succeeding Limitation Year if necessary. Neither the Employer nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c). (d) The Advisory Committee will not distribute any Excess Amount(s) to Participants or to former Participants. 3.O6 1 90 Defined Contribution Prototype Plan [Note: Sections 3.11 through 3.16 apply only to Participants who, in addition to this Plan, participate in one or more plans (including Paired Plans), all of which are qualified Master or Prototype defined contribution plans or welfare benefit funds (as defined in Code (S)419(e)) maintained by the Employer during the Limitation Year.] 3.11 The amount of Annual Additions which the Advisory Committee may allocate under this Plan on a Participant's behalf for a Limitation Year may not exceed the Maximum Permissible Amount, reduced by the sum of any Annual Additions allocated to the Participant's Accounts for the same Limitation Year under this Plan and such other defined contribution plan. If the amount the Employer otherwise would contribute to the Participant's Account under this Plan would cause the Annual Additions for the Limitation Year to exceed this limitation, the Employer will reduce the amount of its contribution so the Annual Additions under all such plans for the Limitation Year will equal the Maximum Permissible Amount. If an allocation of Employer contributions, pursuant to Section 3.04, would result in an Excess Amount (other than an Excess Amount resulting from the circumstances described in Section 3.10) to the Participant's Account, the Advisory Committee will reallocate the Excess Amount to the remaining Participants who are eligible for an allocation of Employer contributions for the Plan Year in which the Limitation Year ends. The Advisory Committee will make this reallocation on the basis of the allocation method under the Plan as if the Participant whose Account otherwise would receive the Excess Amount is not eligible for an allocation of Employer contributions. 3.12 Prior to the determination of the Participant's actual Compensation for the Limitation Year, the Advisory Committee may determine the amounts referred to in 3.11 above on the basis of the Participant's estimated annual Compensation for such Limitation Year. The Advisory Committee will make this determination on a reasonable and uniform basis for all Participants similarly situated. The Advisory Committee must reduce any Employer contribution (including allocation of forfeitures) based on estimated annual Compensation by any Excess Amounts carried over from prior years. 3.13 As soon as is administratively feasible after the end of the Limitation Year, the Advisory Committee will determine the amounts referred to in 3.11 on the basis of the Participant's actual Compensation for such Limitation Year. 3.14 If pursuant to Section 3.13, or because of the allocation of forfeitures, a Participant's Annual Additions under this Plan and all such other plans result in an Excess Amount, such Excess Amount will consist of the Amounts last allocated. The Advisory Committee will determine the Amounts last allocated by treating the Annual Additions attributable to a welfare benefit fund as allocated first, irrespective of the actual allocation date under the welfare benefit fund. 3.15 The Employer must specify in its Adoption Agreement the Excess Amount attributed to this Plan, if the Advisory Committee allocates an Excess Amount to a Participant on an allocation date of this Plan which coincides with an allocation date of another plan. 3.16 The Advisory Committee will dispose of any Excess Amounts attributed to this Plan as provided in Section 3.10. 3.17 applies only to Participants who, in addition to this Plan, participate in one or more qualified plans which are qualified defined contribution plans other than a Master or Prototype plan maintained by the Employer during the Limitation Year.] 3.07 1 90 Defined Contribution Prototype Plan

LIMITATIONS ON ALLOCATIONS. 10.1 PARTICIPATION IN THIS PLAN ONLY If the Participant does not participate in and has never participated in another Qualified Plan, a Welfare Benefit Fund, individual medical account as defined in Code Section 415(l)(2), or a Simplified Employee Pension Plan maintained by the adopting Employer, which provides an Annual Addition, the amount of Annual Additions which may be credited to the Participant's account for any Limitation Year will not exceed the lesser of the Maximum Permissible Amount or any other limitation contained in this Plan. If the Employer contribution that would otherwise be contributed or allocated to the Participant's account would cause the Annual Additions for the Limitation Year to exceed the Maximum Permissible Amount, the amount contributed or allocated will be reduced so that the Annual Additions for the Limitation Year will equal the Maximum Permissible Amount. Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimate of the Participant's Compensation for the Limitation Year, uniformly determined for all Participants similarly situated. As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensation for the Limitation Year.

LIMITATIONS ON ALLOCATIONS. PARTICIPATION IN THIS PLAN ONLY If Notwithstanding anything herein to the contrary, the following limitations on allocations to Participant Accounts shall apply: (a) if the Participant does not participate in and has never participated in another Qualified Planany other qualified plan or welfare benefit fund, a Welfare Benefit Fund, individual medical account as defined in Code Section 415(l)(2)419(e) of the Code, or a Simplified Employee Pension Plan maintained by the adopting Employer, which provides an Annual Addition, the amount of the Annual Additions Addition which may be credited allocated under the Plan as of any Allocation Date to any Participant's, Accounts for any Limitation Year shall not exceed the Maximum Permissible Amount (based upon the Participant's Compensation up to such Allocation Date) reduced by the sum of any allocations of Annual Additions made to the Participant's account Account under this Plan as for any preceding Allocation Date within the Limitation Year will not exceed the lesser of Year. If the Maximum Permissible Amount or any other limitation contained in this Plan. If the Employer contribution that would otherwise be contributed or allocated to the Participant's account would cause exceeded by the Annual Additions for the Limitation Year to exceed the Maximum Permissible Amountcontributed under this Plan on behalf of a Participant as of any Allocation Date, the amount contributed or allocated will shall be reduced reduced, so that the Annual Additions for the Limitation Year will equal the Maximum Permissible Amount, as follows: (i) Any Employee Contributions made Participant shall be returned to the Participant to the extent necessary. (ii) If after the application of Paragraph (i) an Excess Amount still exists, and the Participant is covered by the Plan at the end of the Limitation Year, the excess amount in the Participant's Employer Contributions (including any allocation of any forfeitures) for such Participant in the next Limitation Year, and each succeeding Limitation Year, if necessary. (iii) If after the application of Paragraph (i) an Excess Amount still exists, and the Participant is not covered by the Plan at the end of the Limitation Year, the Excess Amount will be held unallocated in a suspense account. Prior The suspense account will be applied to reduce future Employer contributions (including allocation of any forfeitures) for all remaining Participants in the next Limitation Year, and each succeeding Limitation Year, if necessary. (iv) If a suspense account is in existence at any time during the Limitation Year pursuant to this paragraph, it will not participate in the allocation of the Trust's investment gains and losses. (b) if the Employer maintains one or more other qualified defined contribution plans, without regard as to whether such other plan is a master or prototype plan, or a welfare benefit fund, as defined in Section 419(e) of the Code, in which a Participant in this Plan also participates, the amount of the Annual Additions which may be allocated under this Plan to any Participant's Accounts as of any Allocation Date shall not exceed the Maximum Permissible Amount (based upon Compensation paid up to such Allocation Date) reduced by the sum of any allocations of Annual Additions made to the Participant's Accounts under this Plan and any other such plans or welfare benefit funds maintained by the Employer as of any preceding Allocation Date within the Limitation Year, if the Annual Additions with respect to the Participant under such other defined contribution plans or welfare benefit funds are less than the Maximum Permissible Amount and the Employer contribution that would otherwise be contributed or allocated to the Participant's Account under this Plan would cause the Annual Additions for the Limitation Year to exceed this limitation, the amount contributed or allocated shall be reduced so that the Annual Additions under all such plans and funds for the Limitation Year will equal the Maximum Permissible Amount if the Annual Additions made with respect to the Participant under such other defined contribution plans and welfare benefit funds in the aggregate are equal to or greater than the Maximum Permissible Amount, no amount shall be contributed or allocated to the Participant's Account under this Plan for the Limitation Year. if the Annual Additions allocated to a Participant under this Plan and any other such plans would result in an Excess Amount for a Limitation Year, the Excess amount will be deemed to consist of the Annual Additions last allocated, except that Annual Additions attributable to a welfare benefit fund will be deemed to have been allocated first regardless of the actual allocation date. If an Excess Amount was allocated to a Participant on an Allocation Date of this Plan which coincides with an allocation date of another plan, the Excess Amount attributed to this Plan will be the product of: (i) the total Excess Amount allocated as of such date, multiplied by (ii) a fraction, the numerator of which is the Annual Additions allocated to the Participant for the Limitation Year as of such date under this Plan, and the denominator of which is the total Annual Additions allocated to the Participant for the Limitation Year as of such date under this and all the other qualified defined contribution plans. Any Excess Amount attributable to this Plan shall be disposed of in the manner described in Section 6.04(a). Notwithstanding any other provision to the contrary, the Employer shall not contribute any amount that would cause an allocation to the suspense account as of the date the contribution is allocated. If the contribution is made prior to the date as of which it is to be allocated, then such contribution shall not exceed an amount that would cause an allocation to the suspense account if the date of contribution were an Allocation Date. (c) For purposes of applying the rules of Section 6.04(a) and 6.04(b), prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimate estimation of the Participant's Compensation for the Limitation Year, uniformly determined for all Participants Participants, similarly situated. As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensation for the Limitation Year. (d) If the Employer maintains, or at any time maintained, a Qualified defined benefit plan covering any Participant in, this Plan, the sum of the Participant's Defined Benefit Fraction and Defined Contribution Fraction shall not exceed 1.0 in any Limitation Year. The Annual Additions which may be credited to the Participant's Accounts under this Plan for any Limitation Year will be limited in accordance with the applicable provision contained in the Adoption Agreement. (e) For purposes of this Section 6.04, the following terms shall be defined as follows: (i) Annual Additions With respect to any Participant, the Annual Additions shall be the sum, for the Limitation Year, of: (A) Employer contributions allocated to the Participant's Account; (B) Employee Contributions; provided, however, that the Annual Addition for any Limitation Year beginning before 1987 shall not be recomputed to treat all Employees Contributions as an Annual Addition, for any Limitation Year in which the Plan is subject to the overall limitations under section 415(e) of the Code; (C) Forfeitures allocated to the Participant's Account, if any; (D) Contributions allocated to any individual medical account, as defined in Section 415(1) of the Code, which is part of a defined benefit plan maintained by the Employer; and (E) Contributions which are attributable to post-retirement medical benefits which are allocated to the separate account of a Key Employee, as defined in Section 419A(d)(3) of the Code, under a welfare benefit fund, as defined in Section 419(e) of the Code, maintained by the employer.

LIMITATIONS ON ALLOCATIONS. a) PARTICIPATION IN THIS PLAN ONLY If the Participant does not participate in and has never participated in another Qualified Plan, a Welfare Benefit Fund, individual medical account as defined in Code Section 415(l)(2), or a Simplified Employee Pension Plan maintained by the adopting Employer, which provides an Annual Addition, the amount of Annual Additions which may be credited to the Participant's account for any Limitation Year will not exceed the lesser of the Maximum Permissible Amount or any other limitation contained in this Plan. If the Employer contribution that would otherwise be contributed or allocated to the Participant's account would cause the Annual Additions for the Limitation Year to exceed the Maximum Permissible Amount, the amount contributed or allocated will be reduced so that the Annual Additions for the Limitation Year will equal the Maximum Permissible Amount. Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimate of the Participant's Compensation for the Limitation Year, uniformly determined for all Participants similarly situated. As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensation for the Limitation Year.