If a Participant experiences an "Unforeseeable Emergency," the Participant may submit a written petition to AT&T (the Committee in the case of Officer Level Employees), to receive a partial or full distribution of his Cash Deferral Account(s). In the event that AT&T (the Committee in the case of Officer Level Employees), upon review of the written petition of the Participant, determines in its sole discretion that the Participant has suffered an "Unforeseeable Emergency," AT&T shall make a distribution to the Participant from the Participant's Cash Deferral Accounts, on a pro-rata basis, within the later of 90 days following such determination or the end of the calendar year in which determination was made, subject to the following:

Generator Area........................................................................................................................... 79

agrees that ​ shall have no responsibility in connection therewith and that ​ shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by ​ only during # testing and regular maintenance, and # the period of any electrical power outage in the Building. ​ shall be entitled to operate the Generator, and such connections to the Building, for testing and regular maintenance at times reasonably approved by ​. ​ shall comply with all reasonable requirements imposed by ​ so that the Building Systems or other components of the Project are not adversely affected by the operation of the Generator. ​ makes no representations or warranties, and shall have no responsibility or liability to any ​ Party for any losses, damages, injury to persons or property caused by, related to, arising out of or in connection with, to the condition of the Generator Area, or the fitness or suitability of the Generator Area for the installation, maintenance and operation of the Generator. In the event that ​ shall fail to comply with the requirements set forth herein, without limitation of ​’s other remedies, # ​ shall have the right to terminate ​’s rights with respect to the Generator, and/or # ​ shall have the right, at ​’s sole cost and expense, to cure such breach, in which event ​ shall be obligated to pay to ​, within ten (10) days following demand by ​, the amount expended by ​. ​ shall remove the Generator upon the expiration or earlier termination of this Lease, and shall return the affected portion of the Project to the condition same would have been in had no Generator been installed (reasonable wear and tear, casualty and condemnation excepted), unless ​, in its sole discretion, elects in a written notice to ​ to keep all or any portion of the Generator, in which case the Generator shall be surrendered by ​ to ​, and shall be and become the property of ​ without the necessity of any further written documentation unless otherwise requested by ​ or a future occupant, upon the expiration or earlier termination of this Lease.

The generator located at the Country Grove parcel shall supply back-up power to both TUI’s and the Company’s facilities after Closing. TUI shall supply normal maintenance to the shared generator to assure uninterrupted power to both facilities. Normal maintenance is intended to include diesel fuel, oil replacement, small parts and exercise of equipment. If substantial maintenance expense is required, such designation to be mutually agreed upon by TUI and Buyer with such agreement not to be unreasonably withheld, conditioned or delayed, the cost of the substantial maintenance shall be split equally between the parties, provided, however, that if either party determines it is in its best interest to install a separate generator, then the other party shall pay for all maintenance to the existing generator or install its own replacement generator. Finally, should use of the generator be used for power by both parties for a period of forty-eight hours or more as a consequence of acts of God or otherwise, the parties shall share equally in the cost of fuel and resulting normal maintenance for the period of extended use.

#​ has conducted a thorough inspection of the generator by performing the following:

Pediatric Primary and/or Urgent Care Centers.

Withdrawals for Unforeseeable Emergency. Upon approval by the Plan Committee, a Participant may withdraw all or any portion of his vested Account balance for an Unforeseeable Emergency. The amounts distributed with respect to an Unforeseeable Emergency may not exceed the amounts necessary to satisfy such Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of the distribution, after taking into account the extent to which such hardship is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant's assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by cessation of deferrals under this Plan. “Unforeseeable Emergency” means for this purpose a severe financial hardship to a Participant resulting from an illness or accident of the Participant, the Participant's spouse, or a dependent (as defined in Code section 152(a)) of the Participant, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. For the avoidance of doubt, a circumstance does not constitute an “Unforeseeable Emergency” for purposes of the Plan unless such circumstance constitutes an “unforeseeable emergency” as defined in Treas. Reg. § 1.409A-3(i)(3). The amount withdrawn for an Unforeseeable Emergency is subject to a minimum of $10,000.

Payment on Unforeseeable Emergency. The Committee may, in its sole discretion, direct payment to a Participant of all or of any portion of the Participant's Individual Account balance, notwithstanding an election under [subsection 8.2] above, at any time that it determines that such Participant has an unforeseeable emergency, and then only to the extent reasonably necessary to meet the emergency. For purposes of this section, "unforeseeable emergency" means severe financial hardship to the Participant resulting from a sudden and unexpected illness or accident of the Participant or of a dependent of the Participant, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. The circumstances that will constitute an unforeseeable emergency will depend upon the facts of each case, but, in any case, payment may not be made to the extent that such hardship is, or may be, relieved --

or local income taxes or penalties reasonably anticipated to result from the payment, as determined by the Administrator.

Sortie de secours = emergency exit