Tech Data 2015 Annual Report Download - page 99

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Section 1.5 Company, in its sole discretion, may at any time, or from time to time, make additional deposits of
cash or other property acceptable to the Trustee in trust with Trustee to augment the principal to be held, administered and
disposed of by Trustee as provided in this Trust Agreement. Neither Trustee nor any Plan participant or beneficiary shall have any
right to compel such additional deposits.
Section 1.6 The Trustee agrees to accept contributions that are paid to it by the Company in accordance with
the terms of this Trust Agreement. Such contributions shall be in cash or in such other form that may be acceptable to the Trustee.
The Trustee shall have no duty to determine or collect contributions under the Plan(s) and shall have no responsibility for any
property until it is received and accepted by the Trustee. The Company shall have the sole duty and responsibility for the
determination of the accuracy or sufficiency of the contributions to be made under the Plan(s), the transmittal of the same to the
Trustee and compliance with any statute, regulation or rule applicable to contributions.
ARTICLE II
PAYMENTS TO PLAN PARTICIPANTS AND THEIR BENEFICIARIES
Section 2.1 Company shall deliver to Trustee a schedule (the "Payment Schedule") that indicates the amounts
payable in respect of each Plan participant (and his or her beneficiaries), that provides a formula or other instructions acceptable to
Trustee for determining the amounts so payable, the form in which such amount is to be paid (as provided for or available under
the Plan(s)), and the time of commencement for payment of such amounts.
Please select either (a) or (b) to complete this section 2.1:
Or
Section 2.2 The entitlement of a Plan participant or his or her beneficiaries to benefits under the Plan(s) shall
be determined by Company or such party as it shall designate under the Plan(s), and any claim for such benefits shall be
considered and reviewed under the procedures set out in the Plan(s).
Section 2.3 Company may make payment of benefits directly to Plan participants or their beneficiaries as they
become due under the terms of the Plan(s), and may request reimbursement for such payments upon presentation of appropriate
evidence of payment to Trustee. Company shall notify Trustee of its decision to make payment of benefits directly prior to the
time amounts are payable to participants or their beneficiaries. In addition, if the principal of the Trust and any earnings thereon,
are not sufficient to make payments of benefits in accordance with the terms of the Plan(s), Company shall make the balance of
each such payment as it falls due. Trustee shall notify Company where principal and earnings are not sufficient. Trustee shall not
be liable for the inadequacy of the Trust to pay all amounts due under the Plan.
[X] (a) The Trustee shall remit such payment to Company and Company shall make such payments to the Plan participants
and beneficiaries. Company shall make provision for the reporting and withholding of any federal, state or local taxes
that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan(s) and shall
pay amounts withheld
to the appropriate taxing authorities. Company shall indemnify and hold harmless the Trustee from
any and all liability to which the Trustee may become subject due to Company’s failure to properly withhold and/or remit
amounts due or to pay benefits to participants in connection with the Trust.
[ ] (b) The Trustee shall make payments to the Plan Participants and their beneficiaries in accordance with such Payment
Schedule. The Trustee shall make provision for the reporting and withholding of federal and state taxes (other than FICA,
FUTA or local taxes) that may be required to be withheld with respect to the payment of benefits pursuant to the terms of
the Plan(s) and shall pay amounts withheld to the appropriate taxing authorities. Notwithstanding the foregoing, the
Company may direct the Trustee with respect to the state and federal income tax withholding on such payments, and must
direct the Trustee if any tax withholding is required on a payment subject to state/local income taxes in a state/locality
other than the state/locality in which the participant currently resides (“Non-resident taxes”). If applicable, Company
shall direct the Trustee to remit any FICA, FUTA or local taxes with respect to the benefit payments to Company and
Company shall have the responsibility for determining, reporting and paying the FICA, FUTA or local taxes to the
appropriate taxing authorities. Company will indemnify and hold harmless the Trustee from any and all liability to which
the Trustee may become subject due to Company’s failure to properly withhold and remit FICA, FUTA or local taxes in
connection with payments from the Trust, or for failure to direct the Trustee regarding withholding on any payment
subject to Non-resident taxes.