Kodak 2013 Annual Report Download - page 168
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DCPD
December 26, 2013
Page - 8 -
Article 9. Administration
9.1 Responsibility
The Administrator shall have total and exclusive responsibility to control, operate, manage and administer the Plan in accordance with its
terms.
9.2 Authority of the Administrator
The Administrator shall have all the authority that may be necessary or helpful to enable him or her to discharge his or her responsibilities with
respect to the Plan. Without limiting the generality of the preceding sentence, the Administrator shall have the exclusive right: to interpret the
Plan, to decide all questions concerning the amount of benefits payable under the Plan, to construe any ambiguous provision of the Plan, to
correct any default, to supply any omission, to reconcile any inconsistency, and to decide any and all questions arising in the administration,
interpretation, and application of the Plan.
9.3 Discretionary Authority
The Administrator shall have full discretionary authority in all matters related to the discharge of his or her responsibilities and the exercise of
his or her authority under the Plan including, without limitation, the construction of the terms of the Plan and the determination of benefits
under the Plan. It is the intent of the Plan that the decisions of the Administrator and his or her actions with respect to the Plan shall be final and
binding upon all persons having or claiming to have any right or interest in or under the Plan and that no such decision or action shall be
modified upon judicial review unless such decision or action is proven to be arbitrary or capricious.
9.4 Delegation of Authority
The Administrator may delegate some or all of his or her authority under the Plan to any person or persons provided that any such delegation is
in writing.
Article 10. Miscellaneous
10.1 Participant’s Rights Unsecured
The amounts payable under the Plan shall be unfunded, and the right of any Participant or his or her estate to receive any payment under the
Plan shall be an unsecured claim against the general assets of Kodak. No Participant shall have the right to exercise any of the rights or
privileges of a shareholder with respect to the units credited to his or her Stock Account.