Dell 2003 Annual Report Download - page 131

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XVI.
MISCELLANEOUS PROVISIONS
16.1 Not Contract of Employment. The adoption and maintenance of the Plan shall not be deemed to be either a contract between the Employer and any
person or consideration for the employment of any person. Nothing herein contained shall be deemed to give any person the right to be retained in the
employ of the Employer or to restrict the right of the Employer to discharge any person at any time, nor shall the Plan be deemed to give the Employer the
right to require any person to remain in the employ of the Employer or to restrict any person's right to terminate his employment at any time.
16.2 Alienation of Interest Forbidden. Except as otherwise provided with respect to "qualified domestic relations orders" and certain judgments and
settlements pursuant to section 206(d) of ERISA and Code Sections 401(a)(13) and 414(p), and except as otherwise provided under other applicable law,
no right or interest of any kind in any benefit shall be transferable or assignable by any Participant or any beneficiary or be subject to anticipation,
adjustment, alienation, encumbrance, garnishment, attachment, execution, or levy of any kind. Plan provisions to the contrary notwithstanding, the
Committee shall comply with the terms and provisions of any "qualified domestic relations order," including an order that requires distributions to an
alternate payee prior to a Participant's "earliest retirement age" as such term is defined in section 206(d)(3)(E)(ii) of ERISA and Code Section 414(p)(4)
(B), and shall establish an appropriate procedure to effect the same, which procedure shall be incorporated herein by reference.
16.3 Uniformed Services Employment and Reemployment Rights Act Requirements. Notwithstanding any provision of the Plan to the contrary,
contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Code Section 414(u).
16.4 Payments to Minors and Incompetents. If a Participant or beneficiary entitled to receive a benefit under the Plan is a minor, or is determined by the
Committee in its discretion to be incompetent, or is adjudged by a court of competent jurisdiction to be legally incapable of giving valid receipt and
discharge for a benefit provided under the Plan, the Committee may pay such benefit to the duly appointed guardian or conservator of such Participant or
beneficiary for the account of such Participant or beneficiary. If no guardian or conservator has been appointed for such Participant or beneficiary, the
Committee may pay such benefit to any third party who is determined by the Committee, in its sole discretion, to be authorized to receive such benefit for
the account of such Participant or beneficiary. Such payment shall operate as a full discharge of all liabilities and obligations of the Committee, the
Trustee, the Employer, and any fiduciary of the Plan with respect to such benefit.
16.5 Acquisition and Holding of Company Stock. The Plan is specifically authorized to acquire and hold up to 100% of its assets in Company Stock so long
as Company Stock is a "qualifying employer security," as such term is defined in section 407(d)(e) of ERISA.
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