McKesson 2005 Annual Report Download - page 152

I. SOURCE OF PAYMENT
The benefits paid under this Plan shall be paid from the general funds of the Company, and the Executive and the Executive’s beneficiaries
shall be no more than unsecured general creditors of the Company with no special or prior right to any assets of the Company for payment of
any obligations hereunder. Nothing contained in this Plan shall be deemed to create a trust of any kind for the benefit of the Executive or any
beneficiary, or create any fiduciary relationship between the Company and the Executive or any beneficiary with respect to any assets of the
Company.
J. MISCELLANEOUS
1. Withholding. The Executive and any beneficiary shall make appropriate arrangements with the Company for the satisfaction of any
federal, state or local income tax withholding requirements and Social Security or other employee tax requirements applicable to the payment
of benefits under this Plan. If no other arrangements are made, the Company may provide, at its discretion, for such withholding and tax
payments as may be required.
2. No Assignment.
a. Other than as provided in Section J.2.b below, benefits provided under this Plan may not be alienated, assigned, transferred, pledged
or hypothecated by any person, at any time, or to any person whatsoever. These benefits shall be exempt from the claims of creditors or other
claimants and from all orders, decrees, levies, garnishment or executions to the fullest extent allowed by law.
b. If a court of competent jurisdiction determines pursuant to a judgment, order or approval of a marital settlement agreement that all or
any portion of the benefits payable hereunder to an Executive constitute community property of the Executive and his or her spouse or former
spouse (hereafter, the “Alternate Payee”) or property which is otherwise subject to division by the Executive and the Alternative Payee, a
division of such property shall not constitute a violation of Section J.2.a, and any portion of such property may be paid or set aside for payment
to the Alternate Payee. The preceding sentence of this Section J.2.b, however, shall not create any additional rights and privileges for the
Alternate Payee (or the Executive) not already provided under the Plan; in this regard, the Administrator shall have the right to refuse to
recognize any judgment, order or approval of a martial settlement agreement that provides for any additional rights and privileges already not
already provided under the Plan, including without limitation with respect to form and time of payment.
3. Fiduciary Insurance. The Company may purchase insurance for its directors, officers, employees and agents to cover potential liability
arising from their acts and omissions concerning this Plan.
4. Applicable Law; Severability. The Plan hereby created shall be construed, administered, and governed in all respects in accordance with
ERISA and the laws of the State of California to the extent the latter are not preempted by ERISA. If any provision of this instrument shall be
held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereof shall continue to be fully effective. If
any provision this amendment
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