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IX. XI. If a Participant Ks on an approved leave of absence without compensation and such leave of absence con- tinues for more than six months, said Participant will be deemed to have withdrawn from the Plan as of the end of such six month period. The City may elect to pay such withdrawn Participant the amount of money determined as if the Participant had terminated his service under VI. C. 1. b. However, the City may postpone such payments referred to in VI. C. 1. b. until the Participant reaches normal retirement age or such earlier date as the City in its sole discre- tion may determine. AMENDMENT OR TERMINATION OF PLAN - The City may at any time terminate this plan. Upon such termination, the Participants in the Plan will be deemed to have withdrawn from the Plan as of the date of such termination; the Participants' full com- pensation on a non-deferred basis will be thereupon restored, and the City agrees to pay such Participants the amount of money determined as if the Participant had terminated his employment, said payment to be made in five substantially equal annual installments, or in substantially equal monthly, quarterly or annual installments over a period of up to five years from the date of withdrawal or in any other set number of periodic payments as determined by the City in its sole discretion. The City may also amend the provisions of this Plan at any time, provided,.however, that no amendment shall affect the rights of Participants or their beneficiaries to the receipt of payment of benefits, to the extent of any compensation de- ferred at the time of the amendment as adjusted for investment experience hereunder prior to and subsequent to the amendment. PLAN INVESTMENTS - The funds and assets of this Deferred Com- pensation Plan shall be invested and reinvested in a manner intended to increase said resources, and the net interest, accumulation and increments thereon shall be credited and held in the Plan for the benefit of Participants. The City shall not be responsible for any loss due to the investment or failure of investment of funds and assets of the Plan nor shall the City be required to replace any loss whatsoever which may result from said investments. NON-ASSIGNABILITY CLAUSE - It is agreed that neither the Par- ticipant, nor his beneficiary, nor any other designees shall have any right to commute, sell, assign, transfer, encumber, or otherwise convey the right to receive any payments here- under which payments and right thereto are expressly declared to be nonassignable and nontranfereable; and, in the event of any - 6 -