5.3. ERMUSR 02-09-2010 - Laserfiche WebLink

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counsel. The Plan Administrator shall not have the power to add to, subtract from, or modify any of the terms of the Plan, to change or add to any benefits provided by the Plan, or to waive or fail to apply any requirements of eligibility for a benefit under this Plan. 6.15 Indemnification. To the maximum extent allowed by, and in accordance with applicable law, the Employer shall indemnify and hold harmless any Employee that is deemed to be a fiduciary against any and all losses, claims, damages, expense (including court costs and attorneys' fees), and liability arising from the Employee's duties and responsibilities in connection with the Plan, unless the same is determined to be intentional or willful. 6.16 Changes by the Plan Administrator. If the Plan Administrator determines before or during any Plan Year, the Plan may fail to satisfy any nondiscrimination requirement imposed by the Code or any limitation on benefits provided to key employees, the Plan Administrator may take such action as the Plan Administrator deems appropriate, under rules uniformly applicable to similarly situated Participants, to further compliance with such requirements or limitation. Such action may include, without limitation, a modification of Elections by Highly Compensated Participants or key employees with or without consent of such Employees and/or a recharacterization within the Plan Year of benefits provided under the Plan as taxable income with or without consent of such Employees. 21