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11 . 5 PARTICIPANT' S RIGHTS This Plan shall not be deemed to constitute an employment contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant or Employee . Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect which such discharge shall have upon him as a Participant of this Plan . 11 . 6 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing , it shall be done and performed by a person duly authorized by its legally constituted authority. 11 . 7 EMPLOYER' S PROTECTIVE CLAUSES ( a ) Upon the failure of either the Participant or the Employer to obtain the insurance contemplated by this Plan (whether as a result of negligence , gross neglect or otherwise ) , the Participant's Benefits shall be limited to the insurance premium (s ) , if any, that remained unpaid for the period in question and the actual insurance proceeds , if any, received by the Employer or the Participant as a result of the Participant' s claim . ( b ) The Employer' s liability to the Participant shall only extend to and shall be limited to any payment actually received by the Employer from the Insurer . In the event that the full insurance Benefit contemplated is not promptly received by the Employer within a reasonable time after submission of a claim , then the Employer shall notify the Participant of such facts and the Employer shall no longer have any legal obligation whatsoever ( except to execute any document called for by a settlement reached by the Participant) . The Participant shall be free to settle , compromise or refuse to pursue the claim as the Participant , in his sole discretion , shall see fit. ( c) The Employer shall not be responsible for the validity of any Insurance Contract issued hereunder or for the failure on the part of the Insurer to make payments provided for under any Insurance Contract. Once insurance is applied for or obtained , the Employer shall not be liable for any loss which may result from the failure to pay Premiums to the extent Premium notices are not received by the Employer. 11 . 8 NO GUARANTEE OF TAX CONSEQUENCES Neither the Administrator , the Employer, nor the Plan Service Provider makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from the Participant's gross income for federal , state or local ( if applicable ) income tax purposes , Social Security or Medicare taxes , or that any other federal , state or local ( if applicable ) income tax , Social Security or Medicare tax treatment will apply to or be available to any Participant . It shall be the obligation of each Participant to determine whether each payment under the Plan is excludable from the Participant' s gross income for federal , state or local ( if applicable ) income tax , Social Security or Medicare tax purposes , and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable . Notwithstanding the foregoing , the rights of Participants under this Plan shall be legally enforceable . 23