Best Buy 2003 Annual Report Download - page 121

retained in the service of any Employer, either as an Employee or a Director, or to interfere with the right of any Employer to
discipline or discharge the Participant at any time.
16.6 Furnishing Information. A Participant or his or her Beneficiary will 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.
16.7 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.
16.8 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.
16.9 Governing Law. Subject to ERISA, the provisions of this Plan shall be construed and interpreted according to the internal
laws of the State of Minnesota without regard to its conflicts of laws principles.
16.10 Notice. Any notice or filing required or permitted to be given to the Committee under this Plan shall be sufficient if in
writing and hand−delivered, or sent by registered or certified mail, to the address below:
Best Buy Co., Inc.
Office of the General Counsel
7075 Flying Cloud Drive
Eden Prairie, MN 55344
26
with a copy to: Elliot S. Kaplan, Esq.
Robins, Kaplan, Miller & Ciresi L.L.P.
2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis, MN 55402
Such notice shall be deemed given as of the date of delivery or, if delivery is made by mail, as of the date shown on the postmark on
the receipt for registration or certification.
Any notice or filing required or permitted to be given to a Participant under this Plan shall be sufficient if in writing and
hand−delivered, or sent by mail, to the last known address of the Participant.
16.11 Successors. The provisions of this Plan shall bind and inure to the benefit of the Company and, where applicable, the
Participant’s Employer, their respective successors and assigns, and the Participant and the Participant’s designated Beneficiaries.
16.12 Spouse’s Interest. The interest in the benefits hereunder of a spouse of a Participant who has predeceased the Participant
shall automatically pass to the Participant and shall not be transferable by such spouse in any manner, including but not limited to such
spouse’s will, nor shall such interest pass under the laws of intestate succession.
16.13 Validity. In case any provision of this Plan shall be illegal or invalid for any reason, said illegality or invalidity shall not
affect the remaining parts hereof, but this Plan shall be construed and enforced as if such illegal or invalid provision had never been
inserted herein.
16.14 Incompetence. If the Committee determines in its discretion that a benefit under this Plan is to be paid to a minor, a person
declared incompetent or to a person incapable of handling the disposition of that person’s property, the Committee may direct
payment of such benefit to the guardian, legal representative or person having the care and custody of such minor, incompetent or
incapable person. The Committee may require proof of minority, incompetence, incapacity or guardianship, as it may deem
appropriate prior to distribution of the benefit. Any payment of a benefit shall be a payment for the account of the Participant and the
Participant’s Beneficiary, as the case may be, and shall be a complete discharge of any liability under the Plan for such payment
amount.