Foot Locker (FL)

8. Construction of Plan.

     Nothing contained in this Plan and no action taken pursuant to the provisions of this Plan shall create or be construed to create a trust of any kind, or a fiduciary relationship between the Employer and the Participants, their Beneficiaries or any other person. Any funds which may be invested under the provisions of this Plan shall continue for all purposes to be part of the general funds of the Employer and no person other than the Employer shall by virtue of the provisions of this Plan have any interest in such funds. To the extent that any person acquires a right to receive payments from the Employer under this Plan, such right shall be no greater than the right of any unsecured general creditor of the Employer. If the Company decides to establish any advance accrued reserve on its books against the future expense of benefits payable hereunder, or if the Company is required to fund a trust under this Plan, such reserve or trust shall not under any circumstances be deemed to be an asset of the Plan. In no event shall any Participant or Beneficiary be entitled to receive any payment for any amount due under the Plan from any trust maintained for the Qualified Plan.

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8. Construction of Plan.

     Nothing
contained in this Plan and no action taken pursuant to the provisions of this
Plan shall create or be construed to create a trust of any kind, or a fiduciary
relationship between the Employer and the Participants, their Beneficiaries or
any other person. Any funds which may be invested under the provisions of this
Plan shall continue for all purposes to be part of the general funds of the
Employer and no person other than the Employer shall by virtue of the provisions
of this Plan have any interest in such funds. To the extent that any person
acquires a right to receive payments from the Employer under this Plan, such
right shall be no greater than the right of any unsecured general creditor of
the Employer. If the Company decides to establish any advance accrued reserve on
its books against the future expense of benefits payable hereunder, or if the
Company is required to fund a trust under this Plan, such reserve or trust shall
not under any circumstances be deemed to be an asset of the Plan. In no event
shall any Participant or Beneficiary be entitled to receive any payment for any
amount due under the Plan from any trust maintained for the Qualified Plan.

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