Dell 2003 Annual Report Download - page 165

Download and view the complete annual report

Please find page 165 of the 2003 Dell annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 174

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
  • 155
  • 156
  • 157
  • 158
  • 159
  • 160
  • 161
  • 162
  • 163
  • 164
  • 165
  • 166
  • 167
  • 168
  • 169
  • 170
  • 171
  • 172
  • 173
  • 174

segregating any funds or property from any other funds or property contained in the commingled fund.
ARTICLE XI.
PARTICIPATING ENTITIES
11.1 Designation of Participating Entities.
(a) The Committee may designate any Employer as eligible to participate in the Plan by written instrument delivered to the Company and the designated
entity. Such written instrument shall specify the effective date of such designated participation, may incorporate specific provisions relating to the
operation of the Plan that apply to the designated entity only, and shall become, as to such designated entity and its employees, a part of the Plan.
Each designated Employer shall be conclusively presumed to have consented to its designation and to have agreed to be bound by the terms of the
Plan and any and all amendments thereto upon its submission of information to the Committee required by the terms of or with respect to the Plan;
provided, however, that the terms of the Plan may be amended so as to increase the obligations of an entity only with the consent of such entity, which
consent shall be conclusively presumed to have been given by such entity upon its submission, after receipt of notice of any such amendment, of any
information to the Committee required by the terms of or with respect to the Plan.
(b) Except as modified by the Committee in the written instrument described in Subsection (a) above, the provisions of this Plan shall be applicable with
respect to each participating entity separately, and amounts payable hereunder for or on behalf of a Participant shall be paid by the participating entity
that employs such Participant.
(c) Any participating entity may, by appropriate action of its officers without the need for approval of its board of directors or noncorporate counterpart or
the Committee, the Company, or the Directors, terminate its participation in the Plan. Moreover, the Committee may, in its discretion, terminate a
participating entity's Plan participation at any time by giving written notice to such participating entity and the Company.
ARTICLE XII.
MISCELLANEOUS
12.1 Not Contract of Employment. The adoption and maintenance of the Plan shall not be deemed to be a contract between the Company and any person or to
be 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 Company or to restrict the right of the Company to discharge any person at any time, nor shall the Plan be deemed to give the Company the right to
require any person to remain in the employ of the Company or to restrict any person's right to terminate his employment at any time.
12.2 Alienation of Interest Forbidden. The interest of a Participant or his beneficiary or beneficiaries hereunder may not be sold, transferred, assigned, or
encumbered in any manner, either voluntarily or involuntarily, and any attempt so to anticipate, alienate, sell, transfer, assign, pledge, encumber, or charge
the same shall be null and void, nor shall the -22-