Dell 2003 Annual Report Download - page 132
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16.6 Participant's and Beneficiary's Addresses. It shall be the affirmative duty of each Participant to inform the Committee of, and to keep on file with the
Committee, his current mailing address and the current mailing address of his designated beneficiary. If a Participant fails to keep the Committee informed
of his current mailing address and the current mailing address of his designated beneficiary, neither the Committee, the Trustee, the Employer, nor any
fiduciary under the Plan shall be responsible for any late or lost payment of a benefit or for failure of any notice to be provided timely under the terms of
the Plan.
16.7 Severability. If any provision of the Plan shall be held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining provisions
hereof. In such case, each provision shall be fully severable, and the Plan shall be construed and enforced as if said illegal or invalid provision had never
been included herein.
16.8 Jurisdiction. The situs of the Plan and the Trust hereby created is Texas. All provisions of the Plan shall be construed in accordance with the laws of
Texas except to the extent preempted by federal law.
16.9 Incorrect Information or Error. Any contrary provisions of the Plan notwithstanding, if, because of a human or systems error, or because of incorrect
information provided by or correct information failed to be provided by, fraud, misrepresentation, or concealment of any relevant fact (as determined by
the Committee) by any person, the Plan enrolls any individual, pays any benefit, incurs a liability, or makes any overpayment or erroneous payment, the
Plan shall be entitled to recover from such person the benefit paid or the liability incurred, together with all expenses incidental to or necessary for such
recovery.
16.10 Merged Plans. Notwithstanding any provision of the Plan to the contrary, the Plan shall comply with the terms of each amendment and merger document,
which is listed on Appendix A and attached thereto, providing for the merger of another plan with and into the Plan, the provisions of which shall include,
without limitation, the preservation of all optional forms of benefits and other rights and features under such other plan, as required to be preserved
pursuant to Code Section 411(d)(6) and applicable Treasury regulations issued thereunder, and the preservation of certain vesting rights under such other
plan, but only to the extent that, when the terms of such amendment conflict with the terms of the Plan as amended after the adoption of such amendment
and merger document, such compliance is required by law. * * * * *
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