APS 2015 Annual Report Download - page 213

of the Plan and the rules and regulations promulgated hereunder shall be final and conclusive and binding upon all persons having any
interest in the Plan.
10.4 Indemnity of Committee. All Employers shall indemnify and hold harmless the members of the Committee against any
and all claims, losses, damages, expenses or liabilities arising from any action or failure to act with respect to this Plan, except in the
case of willful misconduct by the Committee or any of its members.
10.5 Employer Information. To enable the Committee to perform its functions, each Employer shall supply full and timely
information to the Committee on all matters relating to the compensation of its Participants, the date and circumstances of the
Retirement, Disability, death or Separation from Service of its Participants, and such other pertinent information as the Committee may
reasonably require.
ARTICLE 11
Other Benefits and Agreements
11.1 Coordination with Other Benefits. Except as provided in this Section, the benefits provided for a Participant and
Participant’s Beneficiary under the Plan are in addition to any other benefits available to such Participant under any other plan or
program for employees or directors of the Participant’s Employer. The Plan shall supplement and shall not supersede, modify or amend
any other such plan or program except as may otherwise be expressly provided.
ARTICLE 12
Claims Procedures
12.1 Claims. Any Participant, Beneficiary or any authorized representative acting on behalf of the Participant or Beneficiary
(“Claimant”) claiming benefits, eligibility, participation or any other right or interest under this Plan may file a written claim setting
forth the basis of the claim under the procedures set forth in the Pinnacle West Capital Corporation Savings Plan, as amended.
ARTICLE 13
Miscellaneous
13.1 Unsecured General Creditor; Top Hat Plan. Amounts payable to a Participant or his or her Beneficiary under this
Plan shall be paid from the general assets of an Employer. Participants and their Beneficiaries, heirs, successors and assigns shall have
no legal or equitable rights, interest or claims in any property or assets of an Employer. Any and all of an Employer’s assets shall be,
and remain, the general, unpledged, unrestricted assets of the Employer. An
15