Windstream 2006 Annual Report Download - page 60

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IX. GOVERNING LAW
The provisions of the Plan shall be governed and construed in accordance with the laws of the State of
Delaware.
X. MISCELLANEOUS PROVISIONS
Nothing contained in the Plan shall give any employee the right to be retained in the employment of the
Company or a Subsidiary or affect the right of the Company or a Subsidiary to dismiss any employee. The Plan
shall not constitute a contract between the Company or a Subsidiary and any employee. No Participant shall
receive any right to be granted an Award hereunder. No Award shall be considered as compensation under any
employee benefit plan of the Company or a Subsidiary, except as may be otherwise provided in such employee
benefit plan. No reference in the Plan to any other plan or program maintained by the Company shall be deemed
to give any Participant or other person a right to benefits under such other plan or program. The Company and its
Subsidiaries shall have the right to deduct from all payments made to any person under the Plan any federal,
state, local, foreign or other taxes which, in the opinion of the Company and its Subsidiaries are required to be
withheld with respect to such payments.
XI. NO ALIENATION OF BENEFITS
Except insofar as may otherwise be required by law, no amount payable at any time under the Plan
shall be subject in any manner to alienation by anticipation, sale, transfer, assignment, bankruptcy, pledge,
attachment, charge or encumbrance of any kind, nor in any manner be subject to the debts or liabilities of a
Participant or Beneficiary, and any attempt to so alienate or subject any such amount, whether presently or
thereafter payable, shall be void.
XII. DESIGNATION OF BENEFICIARIES
a. Each Participant shall file with the Company a written designation of one or more persons as the
Beneficiary who shall be entitled to receive any Award payable under the Plan after his death. A Participant may
from time to time, revoke or change his Beneficiary designation without the consent of any prior Beneficiary by
filing a new designation with the Company.
b. The last such designation received by the Company shall be controlling; except that no
designation, or change or revocation thereof, shall be effective unless received by the Company prior to the
Participant’s death, and in no event shall it be effective as of the date prior to such receipt.
c. If no designation is in effect at the time of a Participant’s death, or if no designated Beneficiary
survives the Participant, or if such designation, in the Company’s discretion, conflicts with applicable law, the
Participant’s estate shall be deemed to have been designated his Beneficiary and shall receive any Award payable
under the Plan after his death.
d. A Participant’s Beneficiary designation made by the Participant in accordance with the terms of
the ALLTEL Corporation Performance Incentive Compensation Plan prior to the Effective Date shall constitute a
proper Beneficiary designation under the Plan and shall remain in effect after the Effective Date until revoked or
otherwise modified by the Participant in accordance with this Article XII.
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