Page 26 - PWH 2018 Plan Documents

Recovery of Benefits. If, because of fraud, mistake or any other reason, a person
receives a benefit payment under the Plan and the Benefit Programs that exceeds the benefit payment
that should have been made, the Administrator shall have the right to recover the amount of such excess
from such person. The Administrator may, however, at its option, deduct the amount of such excess from
any subsequent benefits payable to, or for, the Participant or such Participant’s Dependents to whom or on
whose behalf the excess payment was made.

Lawsuits Concerning Benefits. No lawsuit may be brought by any person or entity to
recover benefits under the Plan more than one year from the date Plan benefits are finally denied.

Workers’ Compensation Not Affected. The Plan is not in lieu of, and does not affect any
requirement for, coverage under Workers’ Compensation.

Severability. In case any provisions of the Plan or any Benefit Program shall be held
illegal or invalid for any reason, such illegality or invalidity shall not affect the remaining provisions of the
Plan or any Benefit Program, and the Plan and all Benefit Programs shall be construed and enforced as if
such illegal and invalid provisions had never been set forth in the Plan or Benefit Program.

Failure to Enforce. Failure to enforce any provision of the Plan shall not affect the
Employer’s or Administrator’s right thereafter to enforce such provision, nor shall such a failure affect the
Employer’s or Administrator’s right to enforce any other provision of the Plan.

Indemnification. In addition to whatever rights of indemnification the members of the
board of directors of the Employer or any Employee or Employees of the Employer to whom any power,
authority, or responsibility is delegated pursuant to this Plan or any Benefit Program, may be entitled under
the articles of incorporation, by-laws or regulations of the Employer, under any provision of law, or under
any other agreement, the Employer shall satisfy any liability actually and reasonably incurred by any such
person or persons, including expenses, attorneys’ fees, judgments, fines, and amounts paid in settlement
(other than amounts paid in settlement not approved by the Employer in connection with any threats and
pending or completed action, suit, or proceeding that is related to the exercising or failure to exercise by
such person or persons of any of the powers, authority, responsibilities, or discretion as provided under
the Plan or a Benefit Program, or reasonably believed by such person or persons to be provided
hereunder, and any action taken by such person or persons in connection therewith, unless the same is
judicially determined to be the result of such person or persons’ gross negligence or willful misconduct.