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12.5 Employment <br />Neither the establishment of the Plan nor any modification thereof, nor the establishment of any <br />account, nor the payment of any benefits, shall be construed as giving to any Participant or other <br />person any legal or equitable right against the Employer except as herein provided; and, in no <br />event, shall the terms or employment of any Employee be modified or in any way affected <br />hereby. <br />12.6 Successors and Assigns <br />The Plan shall be binding upon and shall inure to the benefit of the Employer, its successors and <br />assigns, all Participants and Beneficiaries and their heirs and legal representatives. <br />12.7 Written Notice <br />Any notice or other communication required or permitted under the Plan shall be in writing, and <br />if directed to the Administrator shall be sent to the designated office of the Administrator, and, if <br />directed to a Participant or to a Beneficiary, shall be sent to such Participant or Beneficiary at his <br />or her last known address as it appears on the Administrator's record. To the extent permitted by <br />law, regulation or other guidance from an appropriate regulatory agency, the Administrator, <br />Employer or any other party may provide any notice or disclosure, obtain any authorization or <br />consent, or satisfy any other obligation under the Plan through the use of any other medium <br />acceptable to the Administrator. Such other medium may include, but is not necessarily limited <br />to, electronic or telephonic medium. In addition, any communication or disclosure to or from <br />Participants or Beneficiaries that is required under the terms of the Plan to be made in writing <br />may be provided in any other medium (electronic, telephonic, or otherwise) that is acceptable to <br />the Administrator and permitted under applicable law. The Administrator shall be entitled to <br />reliance on any such communication from a Participant or Beneficiary, including any data or <br />consent included in such communication, provided in any such manner. <br />12.8 Total Agreement <br />This Plan and Participant deferral election, and any subsequently adopted Plan amendment <br />thereof, shall constitute the total agreement or contract between the Employer and the Participant <br />regarding the Plan. No oral statement regarding the Plan may be relied upon by the Participant. <br />12.9 Gender <br />As used herein the masculine shall include the neuter and the feminine where appropriate. <br />12.10 Controlling Law <br />This Plan is created and shall be construed, administered and interpreted in accordance with <br />Code Section 457 and the regulations thereunder, and under laws of the State of residence of the <br />Employer, to the extent not superseded by federal law as the same shall be at the time any <br />dispute or issue is raised. If any portion of this Plan is held illegal, invalid or unenforceable, the <br />legality, validity and enforceability of the remainder shall be unaffected. <br />36 <br />Specimen 457(b) Plan Document <br />Deferred Compensation Plan <br />