Amgen 2013 Annual Report Download - page 179

faith belief that it is a top-hat plan, agrees that all Plan benefits shall be contingent on the Plan being a top-hat plan and promises
never to assert otherwise.
15.2 Unsecured General Creditor. Participants and their Beneficiaries, heirs, successors and assigns shall have no legal or
equitable rights, interests or claims in any property or assets of an Employer. For purposes of the payment of benefits under this
Plan, the Employer’s assets shall be, and remain, neither pledged nor restricted under or as a result of this Plan. An Employer’s
obligation under the Plan shall be merely that of an unfunded and unsecured promise to pay money in the future.
15.3 Employer’s Liability. An Employer’s liability for the payment of benefits shall be defined only by the Plan and the Plan
Agreement, as entered into between the Employer and a Participant. An Employer shall have no obligation to a Participant under
the Plan except as expressly provided in the Plan and his or her Plan Agreement.
15.4 Nonassignability. Neither a Participant nor any other person shall have any right to commute, sell, assign, transfer, pledge,
anticipate, mortgage or otherwise encumber, transfer, hypothecate, alienate or convey in advance of actual receipt, the amounts,
if any, payable hereunder, or any part thereof, which are, and all rights to which are expressly declared to be, unassignable and
non-transferable. No part of the amounts payable shall, prior to actual payment, be subject to seizure, attachment, garnishment
or sequestration for the payment of any debts, judgments, alimony or separate maintenance owed by a Participant or any other
person, be transferable by operation of law in the event of a Participant’s or any other person’s bankruptcy or insolvency or be
transferable to a spouse as a result of a property settlement or otherwise.
15.5 Not a Contract of Employment. The terms and conditions of this Plan shall not be deemed to constitute a contract of
employment between any Employer and the Participant. Such employment is hereby acknowledged to be an “at will”
employment relationship that can be terminated at any time for any reason, or no reason, with or without cause, and with or
without notice, except to the extent expressly provided in a written employment agreement, if any. Nothing in this Plan shall be
deemed to give a Participant the right to be retained in the service of any Employer or to interfere with the right of any
Employer to discipline or discharge the Participant at any time.
15.6 Furnishing Information. A Participant or his or her Beneficiary, as a condition to entitlement to benefits hereunder, shall
cooperate with the Committee by furnishing any and all information requested by the Committee and take such other actions as
may be requested in order to facilitate the administration of the Plan and the payments of benefits hereunder, including but not
limited to taking such physical examinations as the Committee may deem necessary.
15.7 Terms. Whenever any words are used herein in the masculine, they shall be construed as though they were in the feminine in
all cases where they would so apply; and whenever any words are used herein in the singular or in the plural, they shall be
construed as though they were used in the plural or the singular, as the case may be, in all cases where they would so apply.
15.8 Captions. The captions of the articles, sections and paragraphs of this Plan are for convenience only and shall not control or
affect the meaning or construction of any of its provisions.
15.9 Governing Law. Subject to ERISA and the Code, the provisions of this Plan shall be construed and interpreted according to the
internal laws of the State of California without regard to its conflicts of laws principles.
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