EMC 2008 Annual Report Download - page 156

be deemed to be, in competition with any business of the Company or any of its Subsidiaries, (b) solicited, induced or attempted to induce, in any
enterprise that is competitive with the Company or any of its Subsidiaries, any customers or employees of the Company to curtail or discontinue their
relationship with the Company or any of its Subsidiaries, (c) disclosed, communicated or misused, to the detriment of the Company or any of its
Subsidiaries, any confidential or proprietary information relating to the Company or any of its Subsidiaries to any person or entity not associated with
the Company or any of its Subsidiaries, (d) failed to comply with the terms of the Plan, (e) failed to comply with any term of the Company's Key
Employee Agreement (irrespective of whether the Participant is a party to the Key Employee Agreement), (f) engaged in any activity that results in
termination of the Participant's employment for Cause (as defined in the Company's Amended and Restated 2003 Stock Plan), (g) violated any rule,
policy, procedure or guideline of the Company or any of its Subsidiaries, or (h) been convicted of, or has entered a guilty plea with respect to, a crime
whether or not connected with the Company or any of its Subsidiaries.
(c) Notwithstanding anything herein to the contrary, this Section 5.5 does not in any way amend, modify or affect any other plan, agreement,
instrument or understanding, including without limitation, any of the Company's equity plans, or any of the rights of the Company or any of its
Subsidiaries thereunder with respect to any Detrimental Activity or similar activity committed by a Participant. The Company expressly reserves all of
its rights under any such other plan, agreement, instrument or understanding, and this Section 5.5 does not constitute a waiver of any such rights.
Article 6. PAYMENTS
6.1. Payment Upon Separation from Service. Subject to Sections 6.3 and 6.4 (concerning death and Disability), a Participant who has a Separation
from Service will receive his or her vested Account balance in the manner described in (a) below unless he or she elects, in accordance with Section 4.1, a
distribution method described in (b). A Participant may have different distribution forms for the Elective Deferral Subaccount and the Company Credit
Subaccount. Distributions will generally be made in cash, except that Compensation payable in Company Stock may be paid in Company Stock.
(a) Default Distribution Method. Except as provided in (b) below, a Participant's vested Account balance will be payable in a single lump sum
within ninety (90) days following the Participant's Separation from Service.
(b) Distribution Methods Available for Participants' (Other than Directors) on Retirement. Participants, other than a Participant who is a
Director, whose Separation from Service results from Retirement may elect to receive their vested Account balances under this subsection (b).
(1) Installments. A Participant may elect, in accordance with Section 4.1, to receive the vested balance of his or her Account in five (5),
ten (10), or fifteen (15) annual installments, commencing in January of the year elected and continuing in each succeeding January until fully paid.
If a Participant fails to elect a commencement date, payments will commence in January of the year following the Participant's Retirement. The
amount of each installment payment is determined by dividing the Participant's applicable Account balance (adjusted through the day before the
installment is paid) by the number of installments remaining.
(2) Other Methods. The Administrator, in its sole discretion, shall have discretion to provide that a Participant may elect under Section 4.1
to receive the balance of his or her Account at times or forms other than those specified in this section 6.1.
6.2. In-Service Distribution—Payment on a Fixed Date or Schedule. This Section 6.2 applies only to a Participant's Elective Deferral Subaccount.
Company Credit Subaccounts are subject to the other sections of this Article 6.
(a) General. A Participant may elect, in accordance with Section 4.1, a year as the fixed distribution date or for the commencement of payment.
Amounts subject to this election are payable in a single lump sum in January of the year elected or in five (5), ten (10) or fifteen