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11 . 9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS <br /> If any Participant receives one or more payments or reimbursements under the <br /> Plan that are not for a permitted Benefit , such Participant shall indemnify and reimburse the <br /> Employer for any liability it may incur for failure to withhold federal , state , or local ( if applicable ) <br /> income tax or Social Security and Medicare tax from such payments or reimbursements . <br /> However, such indemnification and reimbursement shall not exceed the amount of additional <br /> federal , state , or local ( if applicable ) income tax ( plus any penalties ) that the Participant would <br /> have owed if the payments or reimbursements had been made to the Participant as regular <br /> cash compensation , plus the Participant's share of any Social Security and Medicare tax that <br /> would have been paid on such compensation , less any such additional income and Social <br /> Security and Medicare tax actually paid by the Participant. <br /> 11 . 10 FUNDING <br /> Unless otherwise required by law, contributions to the Plan need not be placed in <br /> trust or dedicated to a specific Benefit, but may instead be considered general assets of the <br /> Employer. Furthermore , and unless otherwise required by law , nothing herein shall be <br /> construed to require the Employer or the Administrator to maintain any fund or segregate any <br /> amount for the benefit of any Participant, and no Participant or other person shall have any <br /> claim against , right to , or security or other interest in , any fund , account or asset of the Employer <br /> from which any payment under the Plan may be made . <br /> 11 . 11 GOVERNING LAW <br /> This Plan is governed by the Code and the Treasury regulations issued <br /> thereunder ( as they might be amended from time to time ) . In no event shall the Employer <br /> guarantee the favorable tax treatment sought by this Plan . To the extent not preempted by <br /> Federal law, the provisions of this Plan shall be construed , enforced and administered according <br /> to the laws of the State of Florida . <br /> 11 . 12 SEVERABILITY <br /> If any provision of the Plan is held invalid or unenforceable , its invalidity or <br /> unenforceability shall not affect any other provisions of the Plan , and the Plan shall be <br /> construed and enforced as if such provision had not been included herein . <br /> 11 . 13 CAPTIONS <br /> The captions contained herein are inserted only as a matter of convenience and <br /> for reference , and in no way define , limit , enlarge or describe the scope or intent of the Plan , nor <br /> in any way shall affect the Plan or the construction of any provision thereof. <br /> 11 . 14 CONTINUATION OF COVERAGE <br /> Notwithstanding anything in the Plan to the contrary , in the event any benefit <br /> under this Plan subject to the continuation coverage requirement of Code Section 4980B <br /> becomes unavailable , each Participant will be entitled to continuation coverage as prescribed in <br /> Code Section 49808 . <br /> 24 <br />