Dell 2003 Annual Report Download - page 119
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members cannot agree, the Directors shall appoint a temporary substitute member to exercise all the powers of the disqualified member concerning the
matter in which he is disqualified.
10.6 Compensation and Bonding. The members of the Committee shall not receive compensation with respect to their services for the Committee. To the
extent required by ERISA or other applicable law, or required by the Company, members of the Committee shall furnish bond or security for the
performance of their duties hereunder.
10.7 Committee Powers and Duties. The Committee shall supervise the administration and enforcement of the Plan according to the terms and provisions
hereof and shall have all powers necessary to accomplish these purposes, including, but not by way of limitation, the right, power, authority, and duty:
(a) To make rules, regulations, and bylaws for the administration of the Plan that are not inconsistent with the terms and provisions hereof, provided
such rules, regulations, and bylaws are evidenced in writing and copies thereof are delivered to the Trustee and to the Company, and to enforce the
terms of the Plan and the rules and regulations promulgated thereunder by the Committee;
(b) To construe in its discretion all terms, provisions, conditions, and limitations of the Plan, and, in all cases, the construction necessary for the Plan
to qualify under the applicable provisions of the Code shall control;
(c) To correct any defect or to supply any omission or to reconcile any inconsistency that may appear in the Plan in such manner and to such extent as
it shall deem expedient in its discretion to effectuate the purposes of the Plan;
(d) To employ and compensate such accountants, attorneys, investment advisors, and other agents, employees, and independent contractors as the
Committee may deem necessary or advisable for the proper and efficient administration of the Plan;
(e) To determine in its discretion all questions relating to eligibility;
(f) To make a determination in its discretion as to the right of any person to a benefit under the Plan and to prescribe procedures to be followed by
distributees in obtaining benefits hereunder;
(g) To prepare, file, and distribute, in such manner as the Committee determines to be appropriate, such information and material as is required by the
reporting and disclosure requirements of ERISA;
(h) To furnish the Employer any information necessary for the preparation of such Employer's tax return or other information that the Committee
determines in its discretion is necessary for a legitimate purpose; -51-