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.: ,T <br />s <br />(8) TERM - The term of this Agreement shall be fora period beginning <br />on the date of its execution and ending on the latter of (i) the date occurring <br />thirty-six (36) months after the first Participating Employee enrolls under <br />the Plan, or (ii) the date there are no Participating Employees under the Plan, <br />or (iii) the date there are no Continuing Members under the Plan. <br />Provided, however, that until the expiration of thirty-six (36) months <br />from the date the first Participating Employee enrolls under the Plan, the Employer <br />will not offer to any Participating Employee any other plan of nonqualified <br />deferred compensation as provided for under Section 457 of the Internal Revenue <br />Code. The Employer may, however, maintain any existing plan of nonqualified <br />deferred compensation so long as such plan is not offered to any Participating <br />Employee until the expiration of thirty-six (36) months from the date the first <br />Participating Employee enrolls under the Plan. <br />(g) ENFORCEMENT - Failure of either party to enforce any provision(s) <br />of this Agreement shall not invalidate such provision(s) or prejudice either <br />party's right to subsequently enforce such provision(s) or other provision(s) <br />of the Agreement. <br />(10) ENTIRE AGREEMENT - This Agreement constitutes the whole Agreement <br />between the parties hereto and there are no other agreements between the parties <br />except this Agreement and the Agreements referred to herein. <br />(11) APPLICABLE LAW - This Agreement shall be construed in accordance <br />with the laws of the State of Ohio. <br />IN WITNESS WHEREOF, the parties hereto have set their hands to this <br />Agreement the day and year first above written. <br />WITNESSES: OHIO PUBLIC EMPLOYEES DEFERRED <br />COMPENSATION BOARD <br />BY: <br />EPIPLOYE~-- ~~ n 1 <br />Fred N. Carmen, Mayor <br />i <br />~ '-~~ <br />~ , <br />Santo Basile, Preside~n of Council <br />-~(~arvv.4 ~ ~~~ <br />