Dell 2007 Annual Report Download - page 204

ARTICLE XVIII
Construction
18.1. Headings
The headings in this Agreement are for convenience only and shall not be considered in construing this Agreement.
18.2. Context
In this Agreement, wherever the context of the Plan dictates, words used in the masculine may be construed in the feminine, the plural includes the
singular and the singular includes the plural.
18.3. Employment not Guaranteed
Nothing contained in this Agreement, or regarding the establishment of the Plan or Trust, or any modification or amendment to the Agreement, Plan or
Trust, or in the creation of any Individual Accounts, or the payment of any benefit, shall be construed as giving any Employee, Participant or
Beneficiary whomsoever any right to continue in the Service of the Employer, any legal or equitable right against the Committee, against the Employer,
its stockholders, officers or directors or against the Trustee, except as expressly provided by the Agreement, the Plan, the Trust, ERISA or by separate
agreement. Employment of all persons by the Employer shall remain subject to termination by the Employer to the same extent as if this Agreement had
never been executed.
18.4. Waiver of Notice
Any person entitled to notice under the Plan may waive the notice unless the Code or Treasury Regulations prescribe the notice or ERISA specifically
or impliedly prohibits a waiver.
18.5. State Law
This Agreement and each of its provisions shall be construed and their validity determined by the laws of the State of Texas and applicable Federal law
to the extent Federal statute supersedes Texas law.
18.6. Parties Bound
This Agreement shall be binding on all persons entitled to benefits under the Plan, their respective heirs and legal representatives, on the Employer, its
successors and assigns, and on the Trustee, the Committee and their successors.
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