EMC 2008 Annual Report Download - page 161

Article 9. MISCELLANEOUS
9.1. Grantor Trust. The Company may establish a trust of which the Company is treated as the owner under Subpart E of Subchapter J, Chapter 1 of
the Code (a "grantor trust"), and may deposit with the trustee of the grantor trust an amount of cash or marketable securities sufficient to cause the fair market
value of the assets held in the grantor trust to be not less than the sum of the Account balances under the Plan. Notwithstanding the foregoing, nothing in this
Plan will be construed to create a trust or to obligate the Company, any of its Subsidiaries or any other person or entity to segregate a fund, purchase an
insurance contract, or in any other way currently to fund the future payment of any distributions or payments hereunder, nor will anything herein be construed
to give any employee or any other person any right to any specific assets of the Company, any of its Subsidiaries or of any other person or entity. Any
distributions or payments which become payable hereunder that are not paid out of the grantor trust shall be paid from the general assets of the Company.
9.2. Nature of Claim for Payment. Each Participant and beneficiary will be an unsecured general creditor of the Company with respect to any
distributions or payments to be made under the Plan. Nothing in the Plan will be construed to give any person any right to any specific assets of the Company,
any of its Subsidiaries or any other person or entity.
9.3. Nonalienation of Benefits. No Participant, beneficiary or any other person having any interest under the Plan shall alienate, anticipate, commute,
pledge, encumber, assign or otherwise transfer ("Alienate") any right or interest under the Plan, including, without limitation, with respect to rights to or
interests in any payments, distributions, claims or other benefits which he or she may expect to receive, contingently or otherwise, under this Plan ("Rights").
Any attempt to Alienate any Right shall be ineffective. No Right shall be subject to any claim of, subject to attachment, execution, garnishment or other legal
process by, any creditor of such Participant, beneficiary or other person, except pursuant to a qualified domestic relations order that meets the requirements of
Code section 414(p) and Section 206(d)(3) of ERISA.
9.4. No Employment or Service Continuation Rights. Neither the adoption or the establishment and maintenance of the Plan, the participation in the
Plan nor any action of the Company, any Subsidiary or the Administrator, shall be held or construed to confer upon any employee or director of the Company
or any of its Subsidiaries any right to continued employment or service with the Company or any of its Subsidiaries, as the case may be, nor does it interfere
in any way with the right of the Company or any of its Subsidiaries to terminate the services of any of its employees or directors at any time. Each of the
Company and its Subsidiaries expressly reserves the right to terminate or discharge any of its employees or directors at any time.
9.5. Receipt and Release. Any payment or distribution to any Participant or beneficiary in accordance with the provisions of the Plan shall be, to the
extent thereof, in full satisfaction of all claims against the Company, its Subsidiaries and the Administrator under the Plan, and the Administrator may require
such Participant or beneficiary, as a condition precedent to such payment, to execute a receipt and release to such effect. If any Participant or beneficiary is
determined by the Administrator to be incompetent by reason of physical or mental disability (including minority) to give a valid receipt and release, the
Administrator may cause the payment or payments becoming due to such person to be made to another person for his or her benefit without responsibility on
the part of the Administrator or the Company to follow the application of such funds.
9.6. Severability of Provision. If any provision of the Plan shall be held by a court of competent jurisdiction to be invalid or unenforceable, such
invalidity or unenforceability shall passwonot affect any other provisions hereof, and the Plan shall be construed and enforced to the fullest extent possible as
if such provision had not been included.
9.7. Government Regulations. It is intended that the Plan comply with all applicable laws and government regulations, including Code section 409A
and the Plan shall be construed, where possible, to comply with such laws and regulations. Neither the Company, any of its Subsidiaries, nor the
Administrator shall not be obligated to perform any obligation hereunder in any case where, in the