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8.7 Indemnification of Company by Participants. In the event that a Participant receives <br />benefits under this Plan that do not qualify for exclusion from income under Code Section 125 (or <br />under Code Section 105, 129 or any other relevant provision of the Code), and the receipt of such <br />benefit was due to the negligent or intentional act or failure to act by the Participant (or his spouse or <br />Dependent) in applying for or obtaining such benefit, then the participant shall indemnify and reimburse <br />the Company for any taxes and other expenses incurred by the Company due to that nonqualified <br />benefit. <br /> <br /> 8.8 Governing Law. This Plan shall be construed, administered and enforced according to <br />the laws of the Commonwealth of Virginia, except to the extent preempted by federal law. <br /> <br /> IN WITNESS WHEREOF, the City of Martinsville and Martinsville City Schools has caused <br />this Plan to be executed in its name and on its behalf by its officers thereunto duly authorized this <br /> day of ,2002. <br /> <br />BY: <br /> <br />TITLE: <br /> <br />(CORPORATE SEAL AND ATTESTATION IS OPTIONAL:) <br /> <br />ATTEST: <br /> <br />Clerk <br /> <br />11 <br /> <br /> <br />