MoneyGram 2005 Annual Report Download - page 122

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born on February 29 in a leap year shall be considered to have their birthdays on February 28 in each year that is not a leap year.
(b) Whenever appropriate, words used herein in the singular may be read in the plural, or words used herein in the plural may be read in the singular; the
masculine may include the feminine; and the words "hereof," "herein" or "hereunder" or other similar compounds of the word "here" shall mean and
refer to the entire Plan Statement and not to any particular paragraph or Section of the Plan Statement unless the context clearly indicates to the
contrary.
(c) The titles given to the various Sections of the Plan Statement are inserted for convenience of reference only and are not part of the Plan Statement,
and they shall not be considered in determining the purpose, meaning or intent of any provision hereof.
(d) Notwithstanding any thing apparently to the contrary contained in the Plan Statement, the Plan Statement shall be construed and administered to
prevent the duplication of benefits provided under this Plan and any other qualified or nonqualified plan maintained in whole or in part by the
Employers.
12.6. References to Laws. Any reference in the Plan Statement to a statute or regulation shall be considered also to mean and refer to any subsequent
amendment or replacement of that statute or regulation unless, under the circumstances, it would be inappropriate to do so. The terms "spouse," "nonspouse,"
"married," "surviving spouse," and other similar terms shall be construed, interpreted and applied on a basis consistent with the federal statute known as the
Defense of Marriage Act.
12.7. Choice of Law. Except to the extent that federal law is controlling, this Plan Statement be construed and enforced in accordance with the laws of the
State of Minnesota.
12.8. ERISA Administrator. MGI shall be the plan administrator of this Plan.
12.9. Delegation. No person shall be liable for an act or omission of another person with regard to a responsibility that has been allocated to or delegated to
such other person pursuant to the terms of the Plan Statement or pursuant to procedures set forth in the Plan Statement.
12.10. Not an Employment Contract. This Plan is not and shall not be deemed to constitute a contract of employment between any Employer and any
employee or other person, nor shall anything herein contained be deemed to give any employee or other person any right to be retained in any Employer's
employ or in any way limit or restrict any Employer's right or power to discharge any employee or other person at any time and to treat him without regard to
the effect which such treatment might have upon him as a Participant in this Plan. Neither the terms of the Plan Statement nor the benefits under this Plan nor
the continuance thereof shall be a term of the employment of any employee. The Employers shall not be obliged to continue this Plan.
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