Common use of Substitution of Applicable Provisions of Program for Federal or Provincial Plan Clause in Contracts

Substitution of Applicable Provisions of Program for Federal or Provincial Plan. The provisions of subsection (a) above to the contrary notwithstanding, the Company may, wherever the substitution of a private plan is authorized by any such law, modify the provisions of Article II of the Program to the extent and in the respects necessary to secure the approval of the appropriate governing body to substitute the plan provided by the Program in lieu of any plan provided by such law, and upon such modification and approval as a qualified plan, the Company may make the plan provided by the Program available to employees or former employees subject to such law with such employee or former employee contributions as may be appropriate with respect to any benefits under such modified plan which exceed the benefits provided under the Program.

Substitution of Applicable Provisions of Program for Federal or Provincial Plan. The provisions of subsection (a) above to the contrary notwithstanding, the Company may, wherever the substitution of a private plan is authorized by any such law, modify the provisions of Article II of the Program to the extent and in the respects necessary to secure the approval of the appropriate governing body to substitute the plan provided by the Program in lieu of any plan provided by such law, and upon such modification and approval as a qualified plan, the Company may make the plan provided by the Program available to employees employees, former employees, or former employees surviving spouses subject to such law with such employee employee, former employee, or former employee surviving spouse contributions as may be appropriate with respect to any benefits under such modified plan which exceed the benefits provided under the Program.