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RESOLUTION N0. 2008-163 <br />operative if the Beneficiary receives payment from the third party and shall be limited to <br />the dollar amount previously paid by the Trust for said Benefits. <br />SECTION 5.08. No Vested Rights. Neither this Resolution nor this Trust creates <br />any vested rights of any kind. No Beneficiary, nor any person claiming through him, <br />shall have any right, title or interest in or through the Trust, or any part thereof. <br />SECTION 5.09. Severability. If any one or more of the covenants, agreements <br />or provisions of this Resolution shall be held contrary to any express provision of law or <br />contrary to the policy of express law, though not expressly prohibited, or against public <br />policy, or shall for any reason whatsoever be held invalid, then such covenants, <br />agreements or provisions shall be. null and void and shall be deemed separable from <br />the remaining covenants, agreements and provisions of this Resolution and shall in no <br />way affect the validity of any of the other covenants, agreements or provisions hereof or <br />of the Trust established hereunder. <br />SECTION 5.10. Section Headings. The headings of the various. articles, <br />sections and subsections of this Resolution are used solely as a matter of convenience <br />and in no way define, modify or limit the scope or intent of any provision of this <br />Resolution. <br />SECTION 5.11. <br />Interpretation. <br />Where <br />used in this <br />Resolution, the masculine <br />gender includes the feminine <br />and the plural form <br />includes the <br />singular. <br />SECTION 5.12. Tax Effects. Neither the County, its officers or representatives, <br />nor the Trustee, its officers or representatives, nor the members of OPEB Trust Board <br />as Trust Administrator, make any warranty or other representation as to whether any <br />payments made to any Beneficiaries will be treated as includible in gross income for <br />federal or state income tax purposes of such Beneficiaries. <br />SECTION 5.13. Repeal of Inconsistent Resolutions. All resolutions or parts <br />thereof in conflict herewith are hereby superseded and repealed to the extent of such <br />conflict. <br />SECTION 5.14. Effective Date. This Resolution shall take effect immediately <br />upon its adoption. <br />[remainder of page intentionally blank] <br />14 <br />