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(d) The decision of the arbitrator shall be final and binding on all parties, and judgment on the <br />arbitrator's award may be entered in any court of competent jurisdiction. <br />8.08. Preservation of other remedies. <br />After exhaustion of the claims procedures provided under this Plan, nothing shall prevent any <br />person from pursuing any other legal or equitable remedy otherwise available except to the extent <br />any such person has agreed to binding arbitration. <br />SECTION IX AMENDMENT OR TERMINATION OF PLAN <br />9.01. Permanency <br />While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, <br />future business contingencies, permanency of the Plan will be subject to the Employer's right to <br />amend or terminate the Plan, as provided in Sections 9.02 and 9.03, below. <br />9.02. Employer's right to amend <br />The Employer reserves the right to amend the Plan at any time and from time-to-time, and <br />retroactively if deemed necessary or appropriate to meet the requirements of Code Sec. 105, or <br />any similar provisions of subsequent revenue or other laws, or the rules and regulations in effect <br />under any of such laws or to conform with governmental regulations or other policies, to modify or <br />amend in whole or in part any or all of the provisions of the Plan. Any amendment shall be <br />effected by a written resolution adopted by a majority of the Board. <br />9.03. Employer's right to terminate <br />The Employer reserves the right to discontinue or terminate the Plan at any time without <br />prejudice, provided that plan termination must be effected by a written resolution. This Plan also <br />shall terminate automatically if the Company (1) is legally dissolved, (2) makes a general <br />assignment for the benefit of its creditors, (3) files for liquidation under the Bankruptcy Code, (4) <br />merges or consolidates with any other entity and it is not the surviving entity, or if it sells or <br />transfers substantially all of its assets, or goes out of business, unless the Company's successor <br />in interest agrees to assume the liabilities under this Plan as to the Participants and Eligible <br />Dependents. <br />SECTION X GENERAL PROVISIONS <br />10.01. No employment rights conferred <br />Neither this Plan nor any action taken with respect to it shall confer upon any person the right to <br />be continued in the employment of the Employer. <br />Ma~eld Village HRA Plan 0117.doc 14 <br />